
DEPARTMENT OF 

es and Minerals 


Information 


and Laws 


Effective July 1, 1919 


TN 24 
,13 A6 

1919a 


ROBERT M. MEDILL 

Director 
SPRINGFIELD 

[Printed by authority of the State of Illinois.] 









































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ILLINOIS 

DEPARTMENT OF 

Mines and Minerals 

General 
Information 
and Laws 


Effective July i, 1919 



> •> ’ 

ROBERT M. MEDILL 

Director 

SPRINGFIELD 


[Printed by authority of the State of Illinois.] 



ILLINOIS PRINTING CO., DANVILLE, ILL. 

(41961—2M) 


library of cong^T 

r ?E''f*'VE') 

FEB 28 1921 

DOCUMENTS D,vis ,oh 







CONTENTS. 


Page. 

1. Department of Mines and Minerals— 

Organization, power and duties. 7 

2. General Mining Law. 19 

3. Right of Eminent Domain. 77 

4. Wages, Lien on Property. 81 

5. Miners paid for all Coal Mined.8i 

6. Shot-firers in Coal Mines. 82 

7. Fire Fighting Equipment. 85 

• 8. Rescue Stations . 95 

9. Miners’ Examining Board. 99 

10. Oil and Gas Wells. 104 

11. Coal and other Mineral Leases. 107 

12. Oil or Gas Leases. 108 

13. Regulating Character of Explosives. 109 

14. Regulating Character of Black Powder. 112 

15. Wash Rooms for Employees. 115 

16. Capital Stock Ownership. 117 

17. Mining Engineering. 117 

18. Trespassing . 119 

19. Information . 119 

20. Mining Investigation. 120 

21. Rules and Regulations Governing Examina¬ 

tions . 124 

22. Workmen’s Compensation. 127 

23. Tables of Compensation—Present Values-171 



























k 




DEPARTMENT OF MINES AND MINERALS. 


Director, Robert M. Medill, Springfield. 
Assistant Director, Martin Bolt, Springfield. 

THE MINING BOARD. 


Mine Officers: 

Robert M. Medill, Director. 

M. S. Coleman, Harrisburg. 

James Needham, Chicago. 

William Hutton, DuQuoin. 

Peter Joyce, Springfield. 

MINERS’ EXAMINING BOARD. 

Miners' Examining Officers: 

William Hall, President, Springfield. 

William H. Turner, Secretary-Treasurer, Col¬ 
linsville. 

William Hogan, Zeigler. 

Joseph C. Viano, Coal City. 

DIVISION OF MINE INSPECTION. 

State Mine Inspectors: 

Walter A. Waite, Springvalley. 

William E. Kidd, Peoria. 

Thomas P. Back, Canton. 

Robert F. Back, Springfield. 

Joseph Haskins, Catlin. 

John G. Millliouse, Litchfield. 

W. L. Morgan, Greenville. 

James Richards, Belleville. 

Frank Rosbottom, DuQuoin. 

John O’Rourke, Benton. 

Thomas English, Harrisburg. 

Henry D. Thompson, Collinsville. 


DIVISION OF ECONOMIC INVESTIGATION. 


Investigator: 

James Taylor, Peoria. 

DIVISION OF MINE RESCUE AND FIRST AID. 

Superintendents: 

Alexander Skelton, LaSalle. 

Thomas Rogers, Herrin. 

John Clusky, Springfield. 

James Robertson, DuQuoin. 

James Weir, Benton. 

Frank Patterson, Harrisburg. 


DEPARTMENT OF MINES AND MINERALS. 


I. ORGANIZATION AND MANAGEMENT. 

Executive Officers. 

The Department of Mines and Minerals is com¬ 
posed of the following executive .officers : A Director, 
an Assistant Director, a Mining Board consisting of 
four mine officers and the Director of the Department, 
and a Miner’s Examining Board of four persons desig¬ 
nated as miners’ examining officers. (Secs. 4 and 5, 
Code.) 

2. Seal. 

Departments are required to adopt and authenti¬ 
cate their acts by an official seal. (Sec. 19, Code.) 

3. Central and Branch Offices. 

Each department is required to maintain a cen¬ 
tral office at the Capitol. Branch offices for the con¬ 
duct of a particular function of the department may 
be established and maintained at other places by the 
director with the approval of the Governor. (Sec. 
17, Code.) 

Employees, Civil Service. 

From those who are in the classified civil service 
of the State on July 1, 1917, in the office, board, com¬ 
mission or institution coming under the supervision 
and control of the department, each employee is to 
be assigned to a position in the department, having 
so far as possible duties equal to his former office or 
employment, provided no more are employed than are 
necessary to the proper performance of the functions 
of the department. (Sec. 24, Code.) 

Departments have power, subject to civil service 
laws, to employ all other necessary employees and fix 



8 


their compensation, when their compensation has not 
been theretofore determined by law. (Sec. 20, Code.) 

5. Rules and Regulations. 

It is the duty of the Director to prescribe rules 
and regulations for the government of his department, 
the conduct of its employees, the distribution and per¬ 
formance of its business and the custody, use and 
preservation of the property, records and documents. 
(Sec. 16, Code.) 

6. Cooperation, Coordination and Efficiency. 

The Director is to devise a practical system of 
cooperation and coordination of the work of the de¬ 
partment to eliminate all duplication and overlapping 
of functions, and to economize, whenever practicable, 
in the use of quarters and equipment. With the con¬ 
sent of the superior officer of the employee, the 
Director may require an employee of another depart¬ 
ment to perform any duty that is required of his own 
employees. (Sec. 26, Code.) 

7. Moneys, Disposition. 

All State funds or moneys received by a depart¬ 
ment must be turned over to the State treasury within 
ten days of receipt, without any deduction whatso¬ 
ever. (Sec. 27, Code.) 

8. Expenditures. 

Departments are forbidden to make expenditures 
except in consequence of an appropriation duly made 
and upon the warrant of the Auditor of Public Ac¬ 
counts. (Sec. 27, Code.) 

i). Reports. 

In addition to the semi-annual and biennial re¬ 
ports provided for by the constitution, the Director is 
required to make on or before December, annually to 
the Governor, and whenever otherwise requested, 


written report concerning the condition, management 
and financial transactions of the department. (Sec. 
25, Code.) 


II. POWERS AND DUTIES. 

10. Generally. 

This department is by the Civil Administrative 
Code given power to— 

Acquire and diffuse information concerning 
the nature, causes and prevention of mine 
accidents, and the improvement of methods, con¬ 
ditions and equipment of mines with special refer¬ 
ence to health, safety and the conservation of 
mineral resources; 

Inquire into the economic condition affecting 
mining, quarrying, metallurgical, clay, oil and 
other mineral industries; 

Promote the technical efficiency of all persons 
working in and about the mines of the State and 
assist them in better to overcome the increasing 
difficulties of mining, and for that purpose to pro¬ 
vide bulletins, traveling libraries, lecturers, corre¬ 
spondence work, classes for systematic instruc¬ 
tion, or meetings for reading and discussion of 
papers and to that end to cooperate with the 
University of Illinois; 

And generally to discharge the rights, powers 
and duties of the former State Mining Board, 
State Mine Inspectors, and Mine Fire Fighting 
and Rescue Station Commission. (Sec. 45, Code.) 

11. Mining Board. 

The duties of the re-created Mining Board are 
specifically enumerated by the Code as follows: 

Hold meetings; 

Conduct examinations for and pass upon the 
practical and technological qualifications of the 
personal fitness of inspectors of mines, mine man- 


10 


agers, mine examiners and hoisting engineers; 

Conduct examinations for inspectors of mines 
the second Tuesday in September annually and at 
such times as may be necessary, and for mine 
managers, mine examiners and hoisting engineers 
at such times and places as will afford the best 
facilities to the greatest number of candidates; 

Announce by public notice of the time and 
place of all examinations; 

Prescribe uniform rules, conditions and regu¬ 
lations for all authorized examinations; 

Report in writing to the Director the names 
of the successful applicants at the examinations 
for the positions; 

Preserve for a year the written examination 
papers and other documents pertaining thereto, 
and allow inspection thereof by applicants, and 
furnish certified copies to them; 

Remove for statutory reasons inspector of 
mines or cancel certificate of mine manager, 
mine examiner or hoisting engineer; 

Supervise, control and direct the State mine 
inspection service. (Sec. 46, Code.) 

The Director is constituted the executive officer of 
the Mining Board and is charged with the duty to exe¬ 
cute its orders, rules and regulations and to issue 
certificates of qualification to persons certified. (Sec. 
47, Code.) 

Under the Fire Fighting Equipment Act, the 
Department of Mines and Minerals is required to— 

Approve chemical fire extinguishers and 
hand-pump buckets required to be provided for all 
mines, underground stables, entries or passage¬ 
ways. Sec. 2j, m.) 

By virtue of the Mining Law, the former State 
Mining Board, in addition to the foregoing duties, was 
required to— 


11 


Enforce the provisions of the State Mining 
law (Sec. lb) ; 

Employ such persons as may be necessary for 
the proper discharge of its powers and duties; 

Prescribe standing or other rules for the con¬ 
trol and direction of its officers, State mine in¬ 
spectors and employees; 

Grant upon proper application and evidence 
permit to operate a second motion engine (Sec. 
2f) ; 

Preserve the record of names and addresses 
of persons certified (Sec. 3b) ; 

Issue citation and investigate charges against 
State mine inspectors and remove them if charges 
are true (Sec. 3h) ; 

Divide the State into twelve inspection dis¬ 
tricts and change the boundaries whenever neces¬ 
sary without changing the number of the districts 
(Sec. 4) ; 

Furnish the State mine inspectors an ane¬ 
mometer, safety lamp and such other instru¬ 
ments, printing matter and supplies as are neces¬ 
sary to a discharge of the duties of inspector 
(Sec. 5d) ; 

Require State mine inspectors to make at 
least one personal examination of each mine 
within the district every six months (Sec. 5e) ; 

Order additional survey of mine to the regu¬ 
lar annual survey; 

Order a correct survey and map when the one 
made is materially inaccurate or when the oper¬ 
ator refuses to make survey or map (Sec. 7j, k) ; 

Prescribe specifications for all illuminating 
oils or other illuminants used in coal mines 
(Sec. 18) ; 

Furnish certified copies of papers and docu¬ 
ments to persons interested upon payment or 
tender of such fees as are paid to Circuit Court 


12 


clerks in counties of second class for similar serv¬ 
ices (Sec. 25c) ; 

Collect, summarize and compile in an annual 
coal mining report statistical details relating to 
coal mining in the State, especially in relation to 
vital, sanitary, commercial and industrial condi¬ 
tions and to the permanent prosperity of the in¬ 
dustry (Sec. lb) ; 

Under the Fire Fighting Equipment Act, the 
former State Mining Board was required to— 

Cancel and revoke certificates of competency 
of mine managers who violated said Act and have 
been convicted of such violation (Sec. 7b) ; 

The Oil and Gas Wells Act and the Powder Act 
required the State Mining Board to— 

Keep on file statements and maps, giving the 
location and depth of wells drilled for gas or oil 
required to be filed with the Mining Board by 
section 2 of the Oil and Gas Wells Act; 

Test samples of black powder for specific 
gravity and for moisture content received from 
State Mining Inspectors under section 4 of the 
Powder Act. 

12. State Mine Inspectors. 

State Mine Inspectors, under the Mining law of 
1911, were required to— 

Approve or pass upon the placing of a tem¬ 
porary mine manager or of a mine examiner for 
a period not exceeding twenty-three days (Sec. 
3d, e, g) ; 

Bequest of the board of supervisors or county 
commissioners for the appointment of a county 
mine inspector, and petition the county court for 
the appointment of such an inspector and an 
appropriation if the request be not complied with 
(Sec. 5b) ; 


13 


Authorize, in writing, county mine inspectors 
to exercise all of the powers and duties of the 
State Mine Inspector (Sec. 5b) ; 

Make personal examinations of each mine in 
the district at least once in every six months, or 
oftener if necessary (Sec. 5e) ; 

Measure and determine the amount of air 
passing in the last cross-cut in each pair of 
entries in pillar and room mines in the last room 
of each division in long wall mines and at the 
inlet and outlet of mines; 

Compare all air measurements with last mine 
examiner’s and mine manager’s report upon the 
mine examination book; 

Observe that the legal code of signals be¬ 
tween the engineer and top and bottom man is 
established and conspicuously posted (Sec. 5f) ; 

Require the taking of every necessary pre¬ 
caution for the health and safety of workmen in 
the mines; 

Demand observance of provisions and re¬ 
quirements of Mining law (Sec. 5f) ; 

Take prompt action for the enforcement of 
penalties for violations, etc. (Sec. 5f) ; 

Obtain an order from the circuit court to 
grant permission to enter mine in case of opera¬ 
tor’s refusal to permit inspection (Sec. 5h) ; 

Post at the landing of mines in a conspicuous 
place a notice stating the number of men permit¬ 
ted to'ride on the cage and at what rate of speed, 
stating what is necessary for the better protec¬ 
tion of the miners, and giving the date of inspec¬ 
tion under his signature (Sec. 5i) ; 

Report in writing to the State Mining Board 
all mine inspections (Sec. 5f) ; 

Test all scales used for the weighing of coal, 
call attention to imperfections, direct overhaul¬ 
ing if necessary, and forbid operation during 
adjustment (Sec.-5j)-; 


14 


Furnish blanks to operators for statistics of 
wages and conditions of employees (Sec. 5n) ; 

Order additional survey of mine to the regu¬ 
lar annual survey; 

Order a correct survey and map when the 
one made is materially incorrect or when the 
operator refuses to make survey or map (Sec. 
7j, k) ; 

Order suitable protection against dangers at 
escapement shafts (Sec. 9d) ; 

Pass upon the size of refuge places (Sec. 
10j) ; 

Pass in writing upon the number of safety 
lamps required at each mine (Sec. 13a) ; 

Order, in writing, the proper quantity of air 
supply for each mine (Sec. 14a, b, 1) ; 

Approve place of doors, curtains or brattices 
(Sec. 14c) ; 

Pass upon the location of cross-cuts between 
entries (Sec. 14d) ; 

Pass upon the location of blind pillars (Sec. 
14e) ; 

Pass upon the necessity of using safety lamps 
(Sec. 14h) ; 

Require in writing the placing of an attend¬ 
ant at doors through which less than three driv¬ 
ers are hauling coal (Sec. 14k) ; 

Sample oils used for illuminating purposes 
and send to State Mining Board a sample of oils 
suspected of being inferior to specifications (Sec. 
18d) ; 

Order in writing additional mine examiner 
when necessary (Sec. 21a) ; 

Require mine to be examined for gas at 
shorter intervals than eight hours preceding com¬ 
mencement of work by day shift (Sec. 21b) ; 

Investigate, assist promptly, attend and take 
part at inquest in case of personal injuries or loss 
of life through mine accidents (Sec. 25a, b, c) ; 


15 


Furnish proper blanks to mine operators 
upon which to report deaths and personal injuries 
(Sec. 25a) ; 

Stop operation of mine and remove offending 
person whenever mine is operated in disregard of 
law (Sec. 29b) ; 

Annually within sixty days of June 30, re¬ 
port to the Mining Board all acts performed and 
duties discharged within preceding year, and 
recommend appropriate legislation (Sec. 51). 

By the Miners’ Wages Act, the State Mine In¬ 
spector was required to— 

Ascertain whether said Act is violated with 
reference to the manner in which wages are paid; 

Institute suit promptly in case of violation 
(Sec. 2). 

Under the Fire Fighting Equipment Act, the State 
Mine Inspector was required to— 

File a sworn complaint against any person 
who violated said Act (Sec. 7e, d). 

By the Explosive and Blasting Act, the State 
Mine Inspector was required to— 

Sample explosives used for blasting purposes 
(Sec. 2) ; 

Send samples to the United States Bureau 
of Mines to test for content (Sec. 3) ; 

Approve plans for the construction of maga¬ 
zines for storing of explosives (Sec. 6) ; 

Under the Powder Act, the State Mine Inspector 
was required to— 

Sample black blasting powder used for blast¬ 
ing purposes; 

Send samples to the State Mining Board to 
be tested (Sec. 4) ; 

The Washrooms’ Act requires the State Mine 
Inspector to— 

Inspect washrooms and report in writing to 
the owner or operator its physical and sanitary 


16 


condition, recommending such changes as may be 
necessary (Sec. 3). 

By the Information Act, the State Mine Inspec¬ 
tor, under the direction of the St te Geologist and at 
such times and in such manne” not to interfere 
with his primary duties as insp^'to of mines, is re¬ 
quired to— l , ^ 

Procure a true record of the various strata 
through which coal shgf s are sunk, or borings 
of coal, oil, gas or artes^p water are made; 

Determine the altitude of the top of said 
shafts or bore holes, abqve some specified point 
on the nearest railroad,. or other readily ascer¬ 
tained elevation; 

Determine the dip of the coal stratum in all 
mines; 

Report results of observations from time to 
time to the State Geologist (Sec. 1). 

13. Miners ’ Examining Board.* 

The powders and duties of the Miners’ Examining 
Board are to— 

Hold monthly examinations in at least 
twelve convenient places in the State for persons 
desiring to engage in coal mining; 

Give not les [ than seven days’ public notice 
of such examinations, designating the time and 
place (Sec. 6) ; 


♦The Miners’ Examining Board created by the Codo is to 
administer in its namb, without any direction, supervision-or 
control by the Director, or by the Mining Board, the act 
entitled “An Act to provide for the safety of persons em¬ 
ployed in and about coal mines, and to provide for the 
examination of persons seeking employment therein, in order 
that only competent persons may be employed as miners, 
and to create a Board of Examiners for this purpose and to 
provide a penalty for the violation of the same, and to re¬ 
peal” a certain act therein named, approved June 27, 1913, 
and all amendments thereto. (Sec. 48, Code.) 



17 


Collect a fee of $2.00 for miner’s certificates 
and pay same over to the State Treasurer on the 
10th of each month following (Sec. 7) ; 

Examine nder oath applicants as to their 
previous expoi ence as miners (Secs. 8 and 12) ; 

Issue r rti, cates of competency signed by at 
least two embers of the board and sealed with 
its seal, < by when an applicant has had two or 
more years practical experience as a miner and 
has answered into i gently and accurately at least 
twelve practical questions concerning the require¬ 
ments and qualifications of a practical miner; 

Keep an accurate and detailed account and 
public record of the board’s proceedings (Sec. 8) ; 

Report violation of Act to State’s attorney 
of the proper county (Sec. 11) ; 

Annually on the first of March report to the 
Governor regarding the work done for the year 
preceding and recommend improved methods for 
holding examinations (Sec. 9). 

14- Mine Fire Fighting and Rescue Station 
Commission. 

The Mine Fire Fighting and Rescue Station Com¬ 
mission, under the Rescue Station Act, was required 
to— 

Provide by purchase or acquire through gift 
suitable sites for rescue stations to serve the 
northern, the central, and the southern coal fields 
of the State, and to equip the same (Secs. 1 
and 3); 

Cooperate with operators, miners and Fed¬ 
eral organizations in mine rescue work (Sec. 3) ; 

Supervise the work at each of the three sta¬ 
tions ; • 

Purchase all the necessary supplies; 

Provide for an attendant to be on duty at 
each station night and day; 


Keep an account and record of rescue work 
and expenditure (Sec. 7) ; 

BiennuaJiy report to the Governor concerning 
mine rescue service performed and money ex¬ 
pended (Sec. 8). 


19 


LAWS. 


MINING LAW.* 

An Act to revise the laws in relation to the coal 
mines and, subjects relating thereto, and provid¬ 
ing for the health and safety of persons employed 
therein. Approved June 6, 1911, in force July 1, 
1911. L. 1911, p. 388. 

State Mining Board, Appointment, Salary, Powers 
and Duties, Meetings, Examinations, Rules and 
Regulations. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: (a) That the Governor, with the advice and 
consent of the Senate, shall appoint a State Mining 
Board, which shall be composed of five members, two 
of whom shall be practical coal miners, one a prac¬ 
ticing coal mine hoisting engineer, and two coal 
operators.! 

Powers and duties of board.] (b) Said board 
shall be authorized, empowered and required to make 
formal inquiry into and pass upon the practical and 
technological qualifications and personal fitness of 
men seeking appointment as State inspectors of 
mines, and of those seeking certificates of competency 
as mine managers, as hoisting engineers and as mine 
examiners. Said board also shall have such other pow- 


*This act is also referred to as the “Mine and Miners’ 
Act.” 

tThose portions of this section which refer to the estab¬ 
lishment of a State Mining Board, its organization, and the 
salary of the members are superseded by the provisions of 
the Civil Administrative code, creating a similar Board. 




20 


ers and duties as may be prescribed by the provisions 
of this Act, or any other Act relating to coal mining. 
Said board also shall control and direct the State 
mine inspectors hereinafter provided for, in the dis¬ 
charge of their duties, and shall have the power and 
shall in person and through the State mine inspectors, 
see that all the provisions of the State mining law are 
enforced. Said board also shall cause to be collected 
statistical details relating to coal mining in the State, 
especially in its relation to the vital, sanitary, com¬ 
mercial and industrial conditions, and to the perma¬ 
nent prosperity of said industry; and said board shall 
cause such statistical details to be compiled and sum¬ 
marized as a report of said State Mining Board, to be 
known as the annual coal report. 

Date and term of appointment.] (c) Their 
appointment shall date from July 1, 1911, and they 
shall serve for a term of two years, or until their suc¬ 
cessors are appointed and qualified. They shall also 
be sworn to a faithful performance of their duties. 
One of the coal operators member of said board shall 
be elected as president and one of the coal miners 
member of said board shall be elected as secretary. 
The board may appoint a chief clerk and may employ 
such other persons as may be necessary for the proper 
discharge of its powers and duties; all of whom shall 
perform such duties as may be prescribed by the 
board from time to time, and the board may "from 
time to time , also prescribe standing and other rules 
for the control and direction of its officers and em¬ 
ployees and of the State mine inspectors. 

Supplies furnished by secretary of state.] 
(d) The Secretary of State shall assign to the use of 
the board suitably furnished rooms in the State 
House, and shall also furnish whatever blanks, blank 
books, printing, stationery, instruments and supplies 
the board may require in the discharge of its duties, 
and for the use of State mine inspectors. 



21 


Frequency of meetings.] (e) The board shall 
hold such meetings from time to time as may be 
necessary for the proper discharge of its duties. The 
board shall meet at the Capitol on the second Tues¬ 
day in September of the year 1911, and annually 
thereafter, for the examination of candidates for ap¬ 
pointment as State inspectors of mines. Special 
examinations also may be held whenever for any 
reason it may become necessary to appoint one or 
more inspectors. 

For the examination of persons seeking certifi¬ 
cates of competency as mine managers, hoisting engi¬ 
neers and mine examiners, the board shall hold meet¬ 
ings at such times and places within the State as 
shall, in the judgment of the members, afford the best 
facilities to the greatest number of candidates. 

Public notice shall be given through the press or 
otherwise, not less than ten days in advance, an¬ 
nouncing the time and place at which any examina¬ 
tions under this section are to be held. 

Rules of procedure.] (f) The examination 
herein provided for shall be conducted under rules, 
conditions and regulations prescribed by the board. 
Such rules shall be made a part of the permanent 
record of tbe board, and such of them as relate to 
candidates shall be, upon application of any candi¬ 
date, furnished to him by the board; they shall also 
be of uniform application to all candidates. 

Compensation of members—salary of chief 
clerk.] (g) The members of the State Mining Board 
shall receive as compensation for their services the 
sum of five dollars ($5) each per day for a term not 
exceeding one hundred (100) days in any one year, 
and whatever sums are necessary to reimburse them 
for such actual and necessary traveling expenses as 
may be incurred in the discharge of their duties. 

The salary of the chief clerk shall be $2,000 per 
annum, and lie shall be reimbursed for any amounts 


22 


expended for actual and necessary traveling expenses 
in the discharge of his duties. 

All salaries and expenses of the board and of its 
employees shall be paid upon vouchers duly sworn to 
by each and approved by the president of the board, 
or in his absence by the acting president, and by the 
Governor, and the Auditor of Public Accounts is 
hereby authorized to draw his warrants on the State 
treasury for the amounts thus shown to be due, pay¬ 
able out of any money in the treasury not otherwise 
appropriated. (Amended by Act approved June 27, 
1913, in force July 1, 1913. L. 1913, p. 411.) 

Registration for Examination, Credentials, Qualifica¬ 
tion, Certification, Examination Papers. 

§ 2. (a) An applicant for any certificate herein 
provided for, before being examined, shall register his 
name with the State Mining Board and file with the 
board the credentials required by this Act, to-wit: An 
affidavit as to all matters of fact establishing his right 
to receive the examination, and a certificate of good 
character and temperate habits, signed by at least ten 
residents of the community in which he resides. 

Examination for inspectors.] (b) Each appli¬ 
cant for a certificate of competency as State Inspector 
of Mines shall produce evidence satisfactory to the 
board that he is a citizen of this State, at least thirty 
years of age, that he has had a practical mining ex¬ 
perience of ten years, of which at least two years shall 
have been in the State of Illinois, and that he is a 
man of good repute and temperate habits; he shall 
pass an examination as to his practical and technolog¬ 
ical knowledge of mine surveying and mining machin¬ 
ery and appliances, of the proper development and 
operation of coal mines, of ventilation in mines, of the 
nature and properties of mine gases, of first aid to 
injured, of mine rescue methods and appliances, of the 


23 


geology of coal measures in this State, and of the laws 
of this State relating to coal mines. 

Names certified to the governor.] (c) At the 
close of each examination for inspectors the board 
shall certify to the Governor the names of all candi¬ 
dates who have received a rating above the minimum 
fixed by the rules of the board as being persons prop¬ 
erly qualified for the position of inspector. 

Examination for mine manager.] (d) Each 
applicant for a certificate of competency as mine 
manager shall produce evidence satisfactory to the 
board that he is a citizen of the United States, at 
least twenty-four years of age, that he has had at 
least four years’ practical mining experience, and that 
he is a man of good repute and temperate habits; he 
shall also pass such examination as to his experience 
in mines and in the management of men, his knowl¬ 
edge of mine machinery and appliances, the use of 
surveying and other instruments used in mining, the 
properties of mine gases, the principles of ventila¬ 
tion, of first aid to injured, of mine rescue methods 
and appliances, and the legal duties and responsibil¬ 
ities of mine managers, as shall be prescribed by the 
rules of the board. 

For mine managers, second class.] (d) Each 
applicant for certificate of competency as mine man¬ 
ager, second class, shall produce evidence satisfactory 
to the board that he is a citizen of the United States, 
at least twenty-four years of age, that he has had at 
least four years’ practical mining experience, and that 
he is a man of good repute and temperate habits. He 
shall also submit to and satisfactorily pass such an 
examination as to his experience in mines and in the 
management of men, his knowledge of coal mining, 
mine ventilation and the mining laws of this State 
and the required duties and responsibilities of second- 
class mine managers, as shall be prescribed by the 
rules of the board, and it shall be unlawful to employ 


24 


second-class mine managers, or for them to serve in 
that capacity at mines employing more than ten men. 

Examinations for mine examiners.] (e) Each 
applicant for a certificate of competency as mine 
examiners shall produce evidence satisfactory to the 
board that he is a citizen of the United States, at 
least twenty-one years of age and of good repute and 
temperate habits and that he has had at least four 
years’ practical mining experience. He shall pass an 
examination as to his experience in mines generating 
dangerous gases, his practical and technological 
knowledge of the nature and properties of fire-damp, 
the laws of ventilation, the structure and use of safety’ 
lamps, and the laws of this State relating to safe¬ 
guards against fires from any source in mines. He 
shall also possess a knowledge of first aid to injured 
and of mine rescue methods. 

Examination for hoisting engineers.] (f) 
Each applicant for a certificate of competency as 
hoisting engineer shall produce evidence satisfactory 
to the board that he is a citizen of the United States, 
at least twenty-one years of age, that he has had at 
least two years’ experience as fireman or engineer of 
hoisting plant, and is of good repute and temperate 
habits. He shall pass an examination as to his experi¬ 
ence in handling hoisting machinery, and as to his 
practical and technological knowledge of the construc¬ 
tion, cleaning and care of steam boilers, the care and 
adjustment of hoisting engines, the management and 
deficiency of pumps, ropes and winding apparatus, 
and as to his knowledge of the laws of this State in 
relation to signals and the hoisting and lowering of 
men at mines. 

The State Mining Board shall have power to 
grant a permit to operate a second motion engine at 
any mine employing not more than ten men, to any 
person recommended to the board by the State Mine 
Inspector of the district: Provided, that the applicant 
for such permit shall have filed with the State Mining 


25 


Board satisfactory evidence that he is a citizen of the 
United States, that he has had at least one year’s 
experience in operating a steam engine and steam 
boiler and understands the handling and care of the 
same. Such application shall be accompanied by a 
statement from at least three persons who will testify 
from their personal knowledge of the applicant that 
he is a man of good repute and personal habits, and 
that he has, in their judgment, a knowledge of and 
experience in handling boilers and engines as required 
in this section. Such permit shall apply only to the 
mine for which it was issued. 

Examination papers preserved.] (g) There shall 
be written and an oral examination of applicants as 
may be prescribed by the rules of the board; and all 
written examination papers and all other papers of 
applicants shall be kept on file by the board for not 
Less than one year, during which time any applicant 
shall have the right to inspect his said papers at all 
reasonable times; and any applicant shall be entitled 
to certified copy of any or all of his said papers upon 
payment of a reasonable copy fee therefor. (Amended 
by act approved June 28, 1915, in force July 1, 1915. 
L. 1915, p. 505.) 

Certificate of Competency, Requisites, Records, Un¬ 
lawful Employment, Temporary Employment, 
Removal of Inspectors, Cancellation of Certifi¬ 
cates. 

§3. (a) The certificates provided for in this Act 
shall be issued under the signature and seal of the 
State Mining Board, to all those who receive a rating 
above the minimum fixed by the rules of the board; 
such certificates shall contain the full name, age and 
place of birth of the recipient and the length and 
nature of his previous service in or about coal mines. 

Record to be preserved.] (b) The board shall 
make and preserve a record of the names and ad¬ 
dresses of all persons to whom certificates are issued. 


26 


Effect of certificates.] (c) Tlie certificates 
provided for in this Act shall entitle the holders 
thereof to accept and discharge at any mine in this 
State, the duties for which they are declared quali¬ 
fied. 


Unlawful to employ other than certified mine 
manager.] (d) It shall be unlawful for the operator 
of any coal mine to have in his service as mine man¬ 
ager at his mine, any person who does not hold a 
certificate of competency issued by the State Mining 
Board of this State: Provided, that whenever any 
exigency arises by which it is impossible for any 
operator to secure the immediate services of a certifi¬ 
cated mine manager, he may place any trustworthy 
and experienced man of the mine inspection district in 
charge of his mine to act as temporary mine manager 
for a period not exceeding seven days, and with the 
approval of the State Inspector of the district, for a 
further period not exceeding twenty-three days. 

Unlawful to employ other than certificated 
mine examiners.] (e) It shall be unlawful for the 
operator of any mine to have in his service as mine 
examiner any person who does not hold a certificate 
of competency issued by the State Mining Board: 
Provided, that any one holding a mine manager's 
certificate may serve as mine examiner; but in any 
mine employing more than twenty-five (25) men, the 
mine manager shall not act in the capacity of mine 
examiner while acting as mine manager; And, pro¬ 
vided, whenever any exigency arises by which it is 
impossible for any operator to secure the immediate 
services of a certificated examiner, he may employ 
any trustworthy and experienced man of the mine 
inspection district to act as temporary mine examiner 
for a period not exceeding seven days, and with the 
approval of the State Inspector of the district, for a 
further period not exceeding twenty-three days. 


27 


Unlawful to employ other than certificated 
hoisting engineer.] (f) It shall be unlawful for the 
operator of any mine to permit any person who does 
not hold a certificate of competency as hoisting engi¬ 
neer issued by the State Mining Board, to hoist or 
lower men, or to have charge of the hoisting engine 
when men are underground, except as provided in 
section 2, paragraph (f). 

Temporary employment of uncertificated per¬ 
sons not extended.] (g) The employment of persons 
who do not hold certificates as mine managers and 
mine examiners, shall in no case exceed the limit 
of time, specified herein, and the State Inspector shall 
not approve of the employment of such persons be¬ 
yond the twenty-three day limit. 

Removal of inspectors.] (h) Upon a petition 
signed by not less than three coal operators, or ten 
coal miners, setting forth that any State inspector of 
mines neglects his duties, or that he is incompetent, 
or that he is guilty of malfeasance in office, or guilty 
of any act tending to the unlawful injury of miners 
or operators of mines, it shall be the duty of the 
State Mining Board to issue a citation to the said 
inspector to appear before it within a period of fifteen 
days on a day fixed for said hearing, when the said 
board shall investigate the allegations of the peti¬ 
tioners ; and if the said board shall find that the said 
inspector is neglectful of his duty, or is incompetent, 
or that he is guilty of malfeasance in office, or guilty 
of any act tending to the injury of miners or opera¬ 
tors of mines, the said board shall declare the office 
of said inspector vacant, and a properly qualified per¬ 
son shall be duly appointed, in the manner provided 
for in this Act, to fill said vacancy. 

Cancellation of certificates.] (i) The certifi¬ 
cate of any mine manager, hoisting engineer or mine 
examiner, may be cancelled and revoked by the State 
Mining Board upon notice and hearing as hereinafter 
provided, if it shall be established in the judgment of 


28 


said board that the holder thereof has become un¬ 
worthy to hold said certificate by reason of violation 
of the law, intemperate habits, incapacity, abuse of 
authority or for any other cause: Provided, that any 
person against whom charges or complaints are made 
hereunder shall have the right to appear before said 
board and defend against said charges, and he shall 
have fifteen days’ notice in writing of such charges 
previous to such hearing: Provided, further, that the 
board in its discretion may suspend the certificate of 
any person charged as aforesaid, pending such hear¬ 
ing, but said hearing shall not be unreasonably 
deferred. (Amended by act approved June 28, 1015, 
in force July 1, 1915. L. 1915, p. 505.) 

Inspection Districts. 

§ 4. The State shall be divided into twelve inspec¬ 
tion districts, said divisions to be made by the State 
Mining Board. The board may also change from time 
to time the boundaries of said districts in order to 
more equally distribute the labor and expenses of the 
several mine inspectors, but this provision shall not 
be construed as authorizing the State Mining Board 
to increase the number of districts. 

State Mine Inspectors, Appointment; County Inspec¬ 
tors, Appointment; Powers and Duties; Bond; 

Instruments; Examinations; Sealer of Weights; 

Annual Report; Reports ~by Operators. 

§ 5. (a) From the names certified by the State 
Mining Board, the Governor shall select and appoint 
twelve State mine inspectors; that is to say, one in¬ 
spector for each of the twelve inspection districts 
provided for in this Act; or more, if, in the future, 
additional inspection districts shall be created, and 
their commissions shall be for a term of two years 
from July 1, Provided, the term of any State Mine 
Inspector in office July 1, 1911, shall be extended to 
October 1, 1911: And, provided, any State inspector 


29 


in actual service and good standing and who has 
passed one examination under this Act may he reap¬ 
pointed for the next ensuing term, without further 
certification, but shall not be so reappointed more than 
three times: Provided, further, no man shall be eligi¬ 
ble for appointment as a State inspector of mines who 
has any pecuniary interest in any coal mine in 
Illinois. 

(b) The board of supervisors in counties under 
township organization, or commissioners in counties 
not under township organization of any county in 
which coal is produced, upon the written request of 
the State Inspector of Mines for the district in which 
said county is located, shall appoint as assistant to 
such State inspector, a county inspector of mines who 
shall work under the direction of such State inspector, 
but no person shall be eligible for appointment as 
county inspector who does not hold a State certificate 
of competency as mine manager, and the compensation 
of such county inspector shall be fixed by the county 
board at not less than five dollars per day, to be paid 
out of the county treasury. 

If any county board shall fail or refuse to appoint 
a suitable person as county mine inspector, or to make 
an adequate appropriation for such county mine in¬ 
spector when appointed within ninety days after the 
filing of a written request by the State Inspector of 
Mines in and for the district in which such county is 
located, then the State Mine Inspector or chief clerk 
of the State Mining Board, may file a petition verified 
by oath in the County Court of such county, setting 
forth the condition of coal mining in said county 
which requires the appointment of such county mine 
inspector, the request in writing as aforesaid by the 
State Inspector, and the failure and refusal by the 
county board to make such appointment or such ap¬ 
propriation as the case may be; and the prayer of 
such petition shall be that the judge of such County 
Court appoint a county mine inspector or order the 


30 


county board to make such appropriation; and there¬ 
upon such County Court shall cause summons to 
issue, commanding the sheriff of the county that he 
summon the county board to be and appear at a term 
of court therein named, returnable as summons in other 
suits at law, and to show cause, if any there be, why 
such county mine inspector should not be appointed as 
prayed in such petition; which summons may be 
served as other summons in which a corporation is 
defendant; which petition and any answer thereto 
may be set down for hearing before such County 
Court at an early date; and if upon such hearing it 
shall appear to the court that sufficient cause has not 
been shown why such county mine inspector should 
not be appointed, such court may make a finding 
accordingly, and the judge thereof may make such 
appointment; and the order making such appointment 
shall be entered of record in the cause and the person 
so appointed shall act as such county mine inspector 
until the further order of court or until such time, not 
less than one year thereafter, as such county board 
shall have appointed a successor to the person ap¬ 
pointed by the judge of such court, and such successor 
shall have qualified to act; and the judge of such 
court may in his discretion remove the inspector by 
him appointed and appoint a successor, and may order 
the county board from time to time to make an ade¬ 
quate appropriation for such county mine inspector 
and shall have power to punish as for contempt of 
court any disobedience to any such order. 

An appeal shall lie from any final order of the 
County Court in such proceeding to the Appellate 
Court of the State, but the operation of such order 
shall not thereby be stayed unless by an order made 
and entered by such Appellate Court or some judge 
thereof. 

The State inspector may authorize any county 
inspector in his district to assume and discharge all 


31 


the duties and exercise all the powers of a State 
inspector in the county for which he is appointed, in 
the absence of a State inspector; but such authority 
must be conferred in writing and the county inspector 
must produce the same as evidence of his powers upon 
the demand of any person affected by his acts; and 
the bond of said State inspector shall be holden for 
the faithful performance of the duties of such As¬ 
sistant inspector. 

Bond.] (c) State inspectors, before entering 
upon their duties as such must take oath of office, as 
provided for by the Constitution and enter into a bond 
to the State in the sum of five thousand dollars 
($5,000) for State mine inspectors, with sureties to be 
approved by the Governor, conditioned upon the faith¬ 
ful performance of their duties in every particular, as 
required by this Act. Said bonds, with the approval 
of the Governor endorsed thereon, together with the 
oath of office, shall be deposited with the Secretary 
of State. 

Instruments.] (d) The State Mining Board 
shall furnish to each of said State inspectors an 
anemometer, a safety-lamp and such other instruments 
and such blanks, blank-books, stationery, printing and 
supplies as may be required by said inspectors in the 
discharge of their official duties. Said instruments 
and supplies shall be paid for on bills of particulars 
certified by the proper officers of the board and ap¬ 
proved by the Governor; and the Auditor of Public 
Accoimts shall draw his warrants on the State treas¬ 
ury for the amounts thus shown to be due, payable 
out of any money in the treasury not otherwise 
appropriated. 

Examination of mines.] (e) State inspectors 
shall devote their whole time and attention to the 
duties of their respective offices. State inspectors shall 
make a personal examination at least once in every 
six months, or oftener if necessary, of each mine in 
their district in which ten or more men are employed. 


32 


The State Mining Board also may require State in¬ 
spectors personally to examine any or all other mines 
in their respective districts. Every mine in the State 
shall be examined at least once in every six months 
by either a State or county mine inspector. 

Scope of examination.] (f) Every State inspec¬ 
tor in the regular inspection of mines shall measure 
with an anemometer and determine the amount of air 
passing in the last cross-cut in each pair of entries in 
pillar and room mines, or in the last room of each 
division in long wall mines. He shall also measure 
with an anemometer and determine the amount of air 
passing at the inlet and outlet of the mines; and he 
shall compare all such air measurements with the last 
report of the mine examiner and the mine manager 
upon the mine examination book of the mine. He 
must observe that the legal code of signals between 
the engineer and top man and bottom man is estab¬ 
lished and conspicuously posted for the information 
of all employees. 

State inspectors also shall require that every 
necessary precaution be taken to insure the health 
and safety of the workmen employed in the mines, 
and that the provisions and requirements of all the 
mining laws of this State are obeyed. 

State inspectors shall render written reports of 
mine inspections made by them to the State Mining 
Board in such form and manner as shall be required 
by the board. State inspectors shall take prompt 
action for the enforcement of the penalties provided 
for violation of the mining laws. 

Authority to enter.] (g) It shall be lawful for 
State inspectors to enter, examine and inspect any 
and all coal mines and the machinery belonging 
thereto, at all reasonable times, by day or by night, 
but so as not to unreasonably obstruct or hinder the 
working of such coal mine, and the operator of every 
such coal mine is hereby required to furnish all neces- 


33 


sary facilities for making such examination and in¬ 
spection. 

Procedure in case of objection.] (h) If any 
operator shall refuse to permit such inspection or to 
furnish the necessary facilities for making such ex¬ 
amination and inspection, the inspector shall file his 
affidavit, setting forth such refusal, with the judge 
of the Circuit Court in said county in which said 
mine is situated, either in term time or vacation, or, 
in the absence of said judge, with a master in chan¬ 
cery in said county in which said mine is situated, 
and obtain an order on such owner, agent or operator 
so refusing as aforesaid, commanding him to permit 
and furnish such necessary facilities for the inspec¬ 
tion of such coal mine, or he adjudged to stand in 
contempt of court and punished accordingly. 

Notice to be posted.] (i) The State inspector 
shall post in some conspicuous place at the top of 
each mine inspected by him. a plain statement show¬ 
ing what in his judgment is necessary for the better 
protection of the lives and health of persons employed 
in such mine; such statement shall give the date of 
inspection and be signed by the inspector. He shall 
post a notice at the landing used by the men, stating 
what number of men will be permitted to ride on the 
cage at one time and the rate of speed at which men 
may be hoisted and lowered on the cages. 

Sealer of weights.] (j) State inspectors are 
hereby made ex officio sealer of weights and measures 
in their respective district, and as such are empow¬ 
ered to test all scales used to weigh coal at coal 
mines. Upon the written request of any mine owner 
or operator, or of ten coal miners employed at any 
one mine, it shall be the duty of the inspector to test 
any scale or scales at such mine against which com¬ 
plaint is directed, and if he shall find that they or any 
of them do not weigh correctly, he shall call the at¬ 
tention of the mine owner or operator to the fact, and 
direct that said scale or scales be at once overhauled 


34 


and readjusted so as to indicate only true and exact 
weights, and lie shall forbid the further operation of 
such mine until such scales are adjusted. In the 
event that such tests shall conflict with any test made 
by any county sealer of weights, or under and by 
virtue of any municipal ordinance or regulation, then 
the test by such mine inspector shall prevail. 

Test weights.] (k) For the purpose of carrying 
out the provisions of this Act, each State inspector 
shall be furnished by the State with a complete set 
of standard weights suitable for testing the accuracy 
of tract (track) scales and of all smaller scales at 
mines, said test weights to be paid for on bills of par¬ 
ticulars, certified by the Secretary of State and ap¬ 
proved by the Governor. Such test weights shall re¬ 
main in the custody of the inspector for use at any 
point within his district, and for any amounts ex¬ 
pended by him for the storage, transportation or 
handling of the same, he shall be fully reimbursed 
upon making entry of the proper items in his expense 
voucher. 

Inspectors’ annual reports.] (1) Each State 
Inspector of Mines shall, within sixty days after June 
30 of each year, prepare and forward to the State 
Mining Board a formal report of his acts during the 
year in the discharge of his duties, with any recom¬ 
mendations as to legislation he may deem necessary 
on the subject of mining, and shall collect and tabu¬ 
late upon blanks furnished by said board all desired 
statistics of mines and miners within his district to 
accompany said annual report. 

Reports to be published.] (m) On the receipt 
of said inspectors’ reports the chief clerk of the State 
Mining Board shall compile and summarize the same, 
to be included in the report of said board, to be 
known as the annual coal report, which shall, within 
four months thereafter, be bound, printed and trans¬ 
mitted to the Governor for the information of the 
General Assembly and the public. The printing and 


35 


binding of said reports shall be provided for by the 
Commissioners of State Contracts* in like manner and 
in like numbers as they provide for the publication of 
other official reports to the Governor. 

Reports by operator.] (n) Every coal operator 
shall, within thirty days after June 30 of each year, 
furnish to the State Mine Inspector of the district, on 
blanks furnished by him prior to said June 30, sta¬ 
tistics of the wages and conditions of their employees 
as required by law. The failure of any inspector to 
forward to the State Mining Board his formal report, 
as provided in paragraph one (1) hereof, or the fail¬ 
ure of any coal operator to furnish to the State Mine 
Inspector of the district the statistics provided for 
herein, shall be adjudged a misdemeanor and be sub¬ 
ject to a fine of $100. (Amended by Act approved 
June 28, 1915; in force July 1, 1915; L. 1915, p. 505.) 
Pay of Inspectors. 

§ 6. Repealed by implication. (See Civil Admin- 
instrati ve Code.) 

Maps and Plans, Copies, Surveys, Abandoned Mines, 

Penalty. 

§7. (a) The operator of every coal mine in the 
State shall make, or cause to be made, an accurate 
map or plan of such mine, drawn to a scale not 
smaller than 200 feet to the inch. All measurements 
shall be in feet and decimals of a foot. On such 
maps shall appear the name of the State, county and 
township in which the mine is located, the designa¬ 
tion of the mine, the name of the company or 
owner, the certificate of the mining engineer or sur¬ 
veyor as to the accuracy and date of the survey, the 
north point and the scale to which the drawing is 
made.* 


♦The provision requiring the making of mine maps in aid 
of the regulation of mines is within the constitutional power 
of the legislature to establish police regulations for the 
operation of mines. Daniels v. Hilgard (1875, 77 Ill. 640.) 



36 


Surface survey.] (b) Such map or plan shall 
accurately show the surface boundary lines of the 
coal rights pertaining to each mine, and all sections 
or quarter-section lines or corners within the same; 
the lines of town lots and streets; the tracks and side¬ 
tracks of all railroads, and the location of all wagon 
roads, rivers, streams, ponds, location and depth of 
holes drilled for oil, gas or water that penetrate a 
workable coal seam, and the elevation above the coal 
seam of any stream or body of water that might 
endanger the mine. 

Underground survey.] (c) For the underground 
workings, said maps shall show all shafts, slopes, 
tunnels or other openings to the surface or to the 
workings of a contiguous mine; all excavations, 
entries, rooms and cross-cuts; the location of the 
fan or furnace and the direction of the air currents; 
the location of pumps, hauling engines, engine planes, 
abandoned works, tire walls and standing water; and 
the outcrop line of the seam, if any, on the property. 

The general outline of all areas in which pillars 
have been drawn shall be indicated on the map. 

Each underground map also shall show, in feet 
and decimals thereof, the elevation of the floor of the 
coal at reasonable intervals on the main entries and 
cross entries from the bottom of the shaft to the face 
of the workings; such elevations shall be referred to 
the floor of the coal at the bottom of the hoisting 
shaft. 

Map for every seam.] (d) A separate and simi¬ 
lar map, drawn to the same scale, shall be made of 
each and every seam, which, after the passage of this 
Act, shall be worked in any mine, and the maps of all 
such seams shall show all shafts, inclined planes or 
other passageways connecting the same. 

Separate maps for the surface.] (e) A sep¬ 
arate map also shall be made of the surface when¬ 
ever the surface buildings, lines or objects are so 
numerous as to obscure the details of the mine work- 


37 


ings if drawn upon the same sheet with them, and in 
such case the surface map shall be drawn on transpar¬ 
ent cloth or paper, so that it can be laid upon the map 
of the underground workings, and thus indicate the 
relation of lines and objections on the surface to the 
excavations of the mine. 

The dip.] (f) Each map shall also show by 
profile drawing and measurements, in feet and deci¬ 
mals thereof, the rise and dip of the seam from the 
bottom of the shaft in either direction to the face of 
the workings! 

Copies for inspectors and recorders.] (g) The 
original or true copies of all such maps shall be kept 
in the office at the mine, and one true copy thereof 
shall be furnished to the State inspector of mines for 
the district in which said mine is located, and one 
shall be filed in the office of the recorder of the 
county in which the mine is located, within thirty 
days after the completion of the same. The maps so 
delivered to the inspector and to the recorder shall 
remain in the custody of said inspector and recorder 
during their respective terms of office, and be deliv¬ 
ered by them to their successors in office. They shall 
be kept at the office of the inspector and of the re¬ 
corder, and be open to the examination of all persons 
interested in the same, but such examination shall be 
made only in the presence of the inspector or the 
recorder. Neither the inspector nor the county 
recorder shall permit any copies of the same to be 
made without the written consent of the operator or 
the owner of the property. 

The county recorder shall properly index such 
map as part of the title record of the property af¬ 
fected. 

A copy of each map and extensions to the same 
shall be furbished the mine rescue station commission 
for use in connection with rescue work only. 

Annual Surveys.] (h) An extension of the last 
preceding survey of every mine in active operation 


38 


shall be made once in every twelve months prior to 
July 1, of every year, and the results of said survey, 
with the date thereof shall be promptly and ac¬ 
curately entered upon the original maps and all copies 
of the same, so as to show all changes in plan or new 
work in the mine, and all extensions of the old work¬ 
ings to the most advanced face or boundary of said 
workings which have been made since the last preced¬ 
ing survey. The State inspector, the county recorder 
and the rescue station commission shall be furnished 
with a copy of the said extended map or of the ex¬ 
tensions to said map. 

Abandoned mines.] (i) When any coal mine is 
worked out or is about to be abandoned or indefinitely 
closed, the operator of the same shall make, or cause 
to be made, a final survey of such mine; to show the 
entire worked out area when the mine was closed, 
and the results of the same shall be duly extended on 
all maps of the mines and copies thereof herein re¬ 
quired to be filed. The shaft, slope or drift opening 
into any such abandoned mine shall be kept securely 
enclosed. 

Special survey.] (j) The State inspector of 
mines, or the State Mining Board, may order a survey 
to be made of the workings of any mine in addition to 
the regular annual survey, the results to be extended 
on the maps of the same and the copies thereof, when¬ 
ever the safety of the workmen, unlawful injury to 
the surface, unlawful encroachment upon adjoining 
property, or the safety of an adjoining mine re¬ 
quires it. 

If the State inspector of mines or the State Min¬ 
ing Board shall believe any map required by this Act 
is materially inaccurate or imperfect, the State 
inspector or State Mining Board is authorized to 
make, or cause to be made, a correct survey and map 
at the expenses of the operator, the cost recoverable 
as for debt, provided if such test surveys shows the 
operator’s map to be correct, the State shall be liable 


30 


for the expense incurred, payable in such manner as 
other State accounts incurred by the State Mining 
Board. 

Penalties for failure.] (k. If an operator of 
any mine refuses or wilfully neglects, for a period of 
three months, to furnish the said State inspector, the 
county recorder and the manager of the rescue sta¬ 
tions the map or plan of such mine, or a copy thereof, 
or of the extensions thereto, as provided for in this 
Act, such operator shall be deemed guilty of a mis¬ 
demeanor, and on conviction thereof shall be fined 
not less than ten dollars nor more than one hundred 
dollars, in the discretion of the court, and shall stand 
committed to the county jail until such fine is paid, 
and, in addition thereto, the State inspector or State 
Mining Board is hereby authorized to make, or cause 
to be made, an accurate map or plan of such mine at 
the expense of the operator thereof; and the cost of 
the same may be recovered by law from the operator 
in the same manner as other debts by suit, in the 
name of the State inspector or the State Mining 
Board, and for his or its use, and copies of the same 
shall be filed by him or the board, one each with said 
recorder and Mine Rescue Commission. (Amended 
by Act approved June 28, 1915; in force July 1, 1915; 
L. 1915, p. 505.) 

Sinking Shafts, Inspection. 

§ 8. (a) Any shaft or other opening in process of 
sinking, or driving, for the purpose of mining coal, 
shall be subject to the inspection of the State in¬ 
spector of mines for the district in which said shaft 
or opening is located. 

(b) Over every shaft that is being sunk or shall 
hereafter be sunk, there shall be a safe and sub¬ 
stantial structure to support sheaves or pulley ropes 
at a height not less than 15 feet above the tipping 
place. The landing platform of such shaft shall be so 


40 


arranged that material can not fall into the shaft 
while the bucket is being emptied or taken from the 
hoisting rope. If provisions are made to land a 
bucket on a truck, said truck and platform shall be 
so arranged that material can not fall into the shaft. 

(c) Rock or coal shall not be hoisted except in a 
bucket or on a cage when men are in the bottom of 
the shaft; and said bucket or cage must be connected 
to the hoisting rope by a safety hook, clevis or other 
safety attachment. The rope shall be fastened to the 
side of the drum and not less than three coils of rope 
shall remain on the drum. In shafts over 100 feet in 
depth, suitable provision shall be made to prevent the 
bucket from swinging while being lowered or hoisted, 
and guides provided for this purpose shall be main¬ 
tained at a distance of not more than 75 feet from the 
bottom of the shaft. 

(d) An efficient brake shall be attached to the 
drum of the engine used for hoisting in shaft sinking, 
and the drum shall be provided with a flange on each 
end not less than 4 inches in height. 

(e) Not more than four persons shall be lowered 
or hoisted in or on a bucket in a shaft at one time, 
and no' person shall ride on a loaded bucket. 

(f) All blasts in shaft sinking shall be exploded 
by electric battery. 

(g) Provisions shall also be made for the proper 
ventilation of shafts while being sunk. 

(li) No one but a certificated hoisting engineer 
shall be in charge of the hoisting engines while a 
shaft is being sunk. 

Escapement Shafts, Cages, Stairways and Passage¬ 
ways, Adjacent Mines, Communications, Number 

of Employees. 

§9. (a) For every coal mine in this State, 
whether worked by shaft, slope or drift, there shall 
be provided and maintained, in addition to the hoist¬ 
ing shaft, or other place of delivery, an escapement 


41 


shaft or opening to the surface, or an underground 
communicating passageway with a contiguous mine, 
so that there shall be at least two distinct and avail¬ 
able means of egress to all persons employed in such 
coal mines. 

Distant from main shaft.] (b) In mines sunk 
after the passage of this Act, the first escapement 
shaft shall be separated from the main shaft by such 
extent of natural strata as may be agreed upon by 
the inspector of the district and the owner of the 
property, but the distance between the main shaft 
and the escapement shaft shall not be less than 500 
feet nor more than 2,000 feet; Provided , that in mines 
employing ten (10) men or less the distance between 
the hoisting shaft and the escapement shaft shall not 
be less than two hundred and fifty (250) feet. 

Unlawful to employ more than ten men.] (c) 
It shall be unlawful to employ underground, at any 
one time, more men than in the judgment of the 
inspector are necessary to complete speedily the con¬ 
nections with the escapement shaft or adjacent mine; 
and said number must not exceed ten men at any one 
time for any purpose in said mine until such escape¬ 
ment or connection is completed. 

The time allowed for completing such escapement 
shaft or making such connections with an adjacent 
mine, as is required by the terms of this Act, shall be 
three months for shafts 200 feet or less in depth, and 
si^ months for shafts less than 500 feet and more 
than 200 feet, and nine months for all other mines, 
slopes or drifts, or connections with adjacent mines. 
The time to date in all cases from the hoisting of 
coal from the hoisting shaft: Provided , that in mines 
employnig ten (10) men or less, the time for com¬ 
pleting the escapement shaft shall not be more than 
six months from the time of hoisting coal. 

Stairways or cages.] (d) The escapement shaft 
at every mine opened after the passage of this Act 
shall be equipped with a substantial stairway, set at 


42 


an angle not greater than forty-five degrees, which 
shall be provided with hand rails and with platforms 
or landings at each turn of the stairway: Provided , 
that all coal mines more than two hundred (200) feet 
in depth, opened on or after July 1, 1919, the escape¬ 
ment shaft shall be equipped with both a cage and 
stairway: Provided, further, that if the coal mine is 
equipped with a stairway in the main shaft, no stair¬ 
way shall be required in the escapement shaft. 

If any escapement shaft, at the time of the pas¬ 
sage of this Act, be equipped with a cage for hoisting 
men, such shaft, cage and all equipment used in con¬ 
nection therewith must conform to the requirements 
of this Act in reference to the hoisting and lowering 
of men. 

Where an escapement way is connected to a com¬ 
partment in which coal is hoisted in such manner that 
men using the escapement way are endangered by 
falling coal or by themselves falling into such hoist¬ 
ing compartment, the State Mine Inspector shall have 
power to order suitable protection against such 
dangers. 

Passageways to escapement.] (e) Such escape¬ 
ment shaft or opening or communication with a con¬ 
tiguous mine as aforesaid, shall be constructed in con¬ 
nection with every seam of coal worked in such mine, 
and all passageways communicating with the escape¬ 
ment shaft or place of exit, from the main hauling 
ways to said place of exit, shall be maintained free 
of obstruction at least 5 feet high and 5 feet wide. 
Such passageways must be so graded and drained 
that it will be impossible for water to accumulate in 
any depression or dip of the same in quantities suf¬ 
ficient to obstruct the free and safe passage of men. 
No passageway to an escapement shaft shall pass 
through a stable. At all points where the passageway 
to the escapement shaft or other place of exit is 
intersected by other roadways or entries, conspicuous 
signboards shall be placed indicating the direction it 


43 


is necessary to take in order to reach such place of 
exit. 

Communications with adjacent mines.] (f) 
When operators of adjacent mines have, by agree¬ 
ment, established underground communications be¬ 
tween said mines as an escapement outlet for the men 
employed in both, the intervening doors shall remain 
unlocked and ready at all times for immediate use. 

When such communication has once been estab¬ 
lished between contiguous mines, the operator of 
either shall not close the same without the consent of 
the operator of the contiguous mine and of the State 
inspector for the district: Provided, that when either 
operator desires to abandon mining operations the 
expense and duty of maintaining such communication 
shall devolve upon the party continuing the operations 
and using the same. (Amended by Act approved June 
28, 1915, in force July 1, 1915. L. 1915, p. 505.) 

Gates, Liffhts, Hoisting Equipment, Brakes, Flanges, 
Hope Fastenings, Indicator, Signals, Gauges, 
Safety Valves, Boiler Inspection, Run-around, 
Refuge Places, Obstructions. Inspection. 

§10. (a) The upper and lower landing at the 

top of each shaft, and the opening of each inter¬ 
mediate seam from or to the shaft, shall be kept 
clear and free from loose materials, and shall be pro¬ 
tected with automatic or other gates, such gates to be 
of good, serviceable construction for the purpose for 
which they are designed, namely, to prevent either 
men or materials from falling into the shaft. At the 
top landing cage supports, where necessary, must be 
carefully set and adjusted so as to securely hold the 
cage when at rest. 

Lights on landings.] (b) Whenever the hoist¬ 
ing or lowering of men occurs before daylight or after 
dark, or when the landing at which men take or leave 
the cage is at all obscured by steam or otherwise, 
there must always be maintained at such landing a 


44 


light sufficient to show the landing and surrounding 
objects distinctly. Likewise, as long as there are men 
underground in any mine the operator shall maintain 
a good and sufficient light at the bottom of the shaft 
thereof, so that persons coming to the bottom may 
clearly discern the cage and objects in the vicinity. 

Hoisting equipment.] (c) Every shaft in which 
men are hoisted and lowered must be equipped with a 
cage, or cages, fitted to guide-rails running from the 
top to the bottom. Said cages must be safely con¬ 
structed ; they must be furnished with sheet-metal 
covers adequate to protect persons riding thereon 
from falling objects; they must be equipped with 
safety catches. Every cage on which persons are car¬ 
ried must be fitted with iron bars or rings in proper 
place and sufficient number to furnish a secure hand¬ 
hold for every person permitted to ride thereon. There 
shall be attached to every cage on w T hich men are, or 
may be, hoisted or lowered, a horn or other device 
with which signals can be given on the cage. Hoisting 
ropes when socketed at the cage shall be cut off and 
resocketed at least once each six months and a notice 
shall be posted in the engine room giving the date 
when the rope was installed and when resocketed. 

(d) In connection with every hoisting engine 
used for hoisting or lowering of men there shall be 
provided as follows: 

Brake on drum.] (1) A good and sufficient brake 
on the drum, so adjusted that it may be operated by 
the engineer without leaving his post at the levers. 

Flanges.] (2) Flanges attached to the sides of 
the drum, with a distance wdien the whole rope is 
wound on the drum of not less than 4 inches between 
the outer layer of rope and the greatest diameter of 
the flange. 

Rope fastenings.] (3) One end of each hoisting 
rope shall be well secured on the drum, and at least 
three laps of the same shall remain on the drum when 


45 


the cage is at rest at the lowest caging place in the 
shaft. 

The lower end of each rope shall be securely- 
fastened to the cage by suitable sockets and chains. 

Indicator.] (4) An index dial or indicator that 
plainly shows the engineer at all times the true posi¬ 
tion of the cages in the shaft. 

Signals.] (e) At every mine when men are 
hoisted and lowered by machinery there shall be pro¬ 
vided means of signaling to and from the bottom man, 
the top man and the engineer. The signal system shall 
consist of a tube, or tubes, or wire encased in wood or 
iron pipes, through which signals shall be communi¬ 
cated by electricity, compressed air or other pneu¬ 
matic devices, or by ringing a bell. When compressed 
air or other pneumatic devices are used for signaling, 
provision must be made to prevent signal from re¬ 
peating or reversing. The following signals shall be 
used at mines where signals are required: 

From the bottom to the top: One ring or whistle 
shall signify to hoist coal or the empty cage, and also 
to stop either when in motion. 

Two rings or whistles shall signify to lower cage. 

Three rings or whistles shall signify that men are 
coming up or going down; when return signal is re¬ 
ceived from the engineer the men shall get on the 
cage and the proper signal to hoist or lower shall be 
given. 

Four rings or whistles shall signify to hoist 
slowly, implying danger. 

Five rings or whistles shall signify accident in 
the mine and a call for a stretcher. 

Six rings or whistles shall signify hold cage per¬ 
fectly still until signaled otherwise. 

From top to bottom, one ring or whistle shall 
signify: All ready, get on cage. 

Two rings or whistles shall signify: Send away 
empty cage. 


46 


Provided, that the operator of any mine may, 
with the consent of the inspector, acid to this code of 
signals in his discretion. The code of signals in use 
at any mine shall be conspicuously posted at the top 
and at the bottom of the shaft, and the engine room at 
some point in front of the engineer when standing at 
his post. 

Gauge.] (f) Every boiler shall be provided with 
a glass water gauge and not less than three try cocks 
and also a steam gauge, except that where two or 
more boilers are equipped with a steam drum properly 
connected with the boilers to indicate the steam pres¬ 
sure and without any valves between said boilers and 
the steam drum, the steam gauge may be placed in 
said steam drum; and other steam gauge shall be at¬ 
tached to the steam pipe in the engine house, each to 
be placed ip such a position that the engineer and the 
fireman can readily see what pressure is being carried. 
Such steam gauges shall be kept in good order and 
adjusted and be tested as often, at least, as every six 
months. 

Safety valves.] (g) Every boiler shall be pro¬ 
vided with a safety valve with weights or springs 
properly adjusted, except that where two or more 
boilers are equipped with a steam drum properly con¬ 
nected with the boilers to indicate the steam pressure 
and without any valves between said boilers and the 
steam drum, the safety valve may be placed in said 
steam drum. 

Inspection of boilers.] (h) All boilers used in 
generating steam in and about coal mines or sinking 
shafts shall be kept in good order, and the operator 
of every coal mine where steam boilers are in use 
shall have said boilers thoroughly examined and in¬ 
spected by a competent boilermaker or other qualified 
person, not an employee of said operator, as often as 
once in every six months, and oftener if the mine 
inspector shall so require in writing, and the result of 


47 


every such inspection shall be reported on suitable 
blanks to said mine inspector. 

Run-around at bottom.] (i) At every under¬ 
ground landing where men enter or leave the cage 
and where men must pass from one side of the cage 
to the other there shall be a safe passageway, free 
from obstruction and dry as possible, around the 
shaft not less than three feet wide for the use of men 
only; and animals or cars shall not be taken through 
such passageway while men are passing or desirous 
of passing through such passageway. 

Refuge place on shaft bottom.] (j) A refuge 
place or places for men coming out at the close of the 
day’s work shall be provided off the main bottom of 
cageroom in shaft mines, at a place or places and of 
such size as shall be approved by the State Mine In¬ 
spector. Such place or places shall be not more than 
400 feet from the shaft, where men are hoisted, and 
shall be kept free from loose material. When leaving 
such refuge places to be hoisted out, the men shall be 
governed by the rules of the mine. 

Obstructions in shaft.] (k) No accumulation 
of ice or obstructions of any kind shall be permitted 
in any shaft in which men are hoisted or lowered; 
nor shall any dangerous gases or steam be discharged 
into said shaft in such quantities or at such times as 
to interfere with the safe passage of men. All surface 
or other water which flows therein shall be conducted 
by rings or otherwise to receptacles provided for the 
same in such manner as to prevent water from falling 
upon men while passing into or out of the mine or 
while in the discharge of their duties about the shaft 
bottom. 

Inspection.] (1) All shafts by which men enter 
or leave the mine, and the passageways leading 
thereto, or to the works of a contiguous mine used as 
an escapement shaft shall be carefully examined 
throughout at least once each week that the mine is 
operating and the date and findings of such an 


48 


examination entered promptly in the books kept at 
the mine for that purpose. A daily visit to the bottom 
of all such escapement shafts shall be made by the 
mine examiner, and if obstructions to the free passage 
of men are found, their location and nature shall be 
stated in such report. Such obstructions shall be 
promptly removed. (Amended by Act approved June 
28, 1915, in force July 1, 1915. L. 1915, p. 505) 

Buildings, Explosives, Engine and Boiler House. 

§ 11. (a) After the passage of this Act, all build¬ 
ings and structures erected over a shaft, slope or drift 
mouth, and within one hundred (100) feet of the 
same shall be of metal, rock, clay, cement, clay or 
cement products, or a combination of the same. All 
fan houses, tops of air and escape shafts and fan 
drifts shall also be constructed of the above men¬ 
tioned materials or a combination thereof. In connec¬ 
tion with above construction, wood may be used only 
for floors, windows, doors, or the frames for the 
same: Provided, that this paragraph shall not apply 
to mines employing ten (10) men or less. 

Oil and other explosives.] (b) No oils or sim¬ 
ilarly inflammable materials shall be stored within 
one hundred (100) feet of any hoisting or escapement 
shaft, nor in any mine. 

All lubricating, oil used in coal mines shall be 
contained in closed receptacles. In the mine, oil shall 
not be heated over a fire or lamp. 

All explosive material shall be stored in a‘fire¬ 
proof magazine located on the surface not less than 
500 feet from all other buildings in connection with 
the mine, and such magazine shall be so placed as not 
to jeopardize the free and safe exit of men from the 
mine in case of an explosion at the magazine. 

Engine and boiler-house.] (c) Any building 
erected after the passage of this Act, for the purpose 
of housing the hoisting engine or boilers at any mine, 
shall be substantially fireproof, and no boiler-house 


49 


shall be nearer than sixty feet to the main shaft or 
other opening, or to any building or inflammable 
structure connecting therewith. (Amended by Act 
approved June 27, 1915, in force July 1, 1915. L. 1915, 
p. 411.) 

Top and Bottom Man, Cages, Speed Regulations, 

Exits. 

§ 12. (a) At every shaft where men are hoisted 
or lowered by machinery, the operator shall station at 
the top and at the bottom of such shaft a competent 
man who shall be and is hereby charged with the duty 
of attending to signals, and is empowered to preserve 
order and enforce the rules governing the carriage of 
men on cages. Said top man and bottom man shall be 
at their respective posts of duty at least half an hour 
before the hoisting of coal begins in the morning, and 
remain for half an hour after the hoisting ceases for 
the day.* 

Speed of cages and other regulations.] (b) 
Cages on which men are riding shall not be lifted nor 
lowered at a rate of speed greater than six hundred 
feet per minute, except with the written consent of 
the inspector. No person shall carry any tools, tim¬ 
ber or other materials with him on any cage in 
motion, except for use in repairing the shaft, and no 
one shall ride on a cage containing either a loaded or 
empty car. No cage having an unstable or self- 
dumping platform shall be used for the carriage of 
men or materials, unless the same is provided with 
some device by which said platform can be securely 
locked, and unless it is so locked whenever men or 


* Under a similar provision of a former act, the mine 
owner or operator was regarded as owing a duty to main¬ 
tain the bottom man and sufficient light at the bottom of the 
shaft to members of the night shift entering into the mine 
within thirty minutes after the hoisting for the day shift 
had ceased. Brunsworth v. Kerens-Donnewald Coal Co. 
(1913), 260 Ill'. 202, 216. 



50 


materials are being conveyed thereon. No coal shall 
be hoisted in any shaft while men are being lowered 
therein. 

Rights of men to come out.] (c) Whenever men 
who have finished their day’s work, or have been 
prevented from further work, shall come to the bot¬ 
tom to be hoisted out an empty cage shall be given 
them for that purpose, unless there is an available 
exit by slope or stairway in an escapement shaft, and 
providing there is no coal at the bottom ready to be 
hoisted. In case of injury or l)ona fide illness, a man 
shall be given a cage at once. 

Safety Lamps , Regulations. 

§ 13. (a) At every mine in this State, the opera¬ 
tor shall provide and keep in condition for use not 
less than two safety lamps and shall provide and keep 
as many more as may be required in writing by the 
State mine inspector. Davy lamps shall not be used 
for any purpose except testing. 

(b) All safety lamps shall be the property of the 
operator and when not in use shall remain in the 
custody of the mine manager or other competent per¬ 
son designated by him, who shall clean, fill, trim, 
examine and deliver same locked and in safe condi¬ 
tion to the men when they enter the mine, or at some 
underground station designated by the mine manager 
for that purpose. He shall also receive the lamps 
from the men when they leave the mine or as they 
pass the underground lamp station at the end of their 
shift. 

The persons to whom lamps are thus given shall 
be responsible for the condition and proper use of the 
safety lamps while in their possession, and their 
return to the lamp station. 

No safety lamps shall be given to any person for 
use in a mine nor shall any person use a safety lamp 
in a mine until said person has given evidence satis¬ 
factory to the mine manager that he understands the 


51 


proper use thereof and the danger of tampering with 
the same. 

(c) No person except one duly authorized by the 
mine manager shall have in his possession in any part 
of the mine where locked safety lamps are used, any 
matches or other means of producing fire, or any 
lamp-key or other instrument usable for the opening 
of a locked safety lamp. Any person violating the 
provisions of this section shall be guilty of a mis¬ 
demeanor and punishable as hereinafter provided 
relating to misdemeanors under this Act. 

(d) Electric lamps which will not ignite ex¬ 
plosive gases may be used instead of safety lamps for 
purposes for which safety lamps are required in this 
Act except for testing for explosive gas. 

Ventilation. 

§ 14. (a) At every coal mine there shall be pro¬ 
vided, supplied and maintained an amount of air 
which shall not be less than one hundred (100) cubic 
feet per minute for each person, and not less than five 
hundred (500) cubic feet per minute for each animal 
in the mine, measured at the foot of the downcast and 
of the upcast; except that in gaseous mine there shall 
be not less than one hundred and fifty (150) cubic 
feet of air per minute for each person in the mine. 
The inspector shall have power by order in writing to 
require these quantities to be increased. 

(b) The main current of air shall be so split or 
subdivided as to give a separate current or reasonably 
pure air to every 100 men at work, and the inspector 
shall have authority to order, in writing, separate 
currents for smaller groups of men, if, in his judg¬ 
ment, special conditions render it necessary. 

(c) Doors, curtains or brattices shall be placed 
at such places as may be designated by the mine man¬ 
ager, subject to the approval of the State Inspector, 
to conduct into the working places an amount of air 


52 


sufficient to render the working places reasonably 
free from deleterious air of every kind. 

(d) Away from the pillar for the mine bottom, 
cross-cuts between entries shall be made not more 
than sixty feet apart without permission of the State 
Inspector of the district and then only in case of 
“faults.” When such consent is given, brattice* or 
other means must be provided within sixty feet of 
the face to convey the air to the working places until 
a cross-cut is opened up. 

When undercut or sheared, the entry, cross-cut 
and room-neck may be advanced concurrently; but not 
more than one cutting shall be shot in the room-neck 
until the cross-cut is finished; and after the entry has 
advanced fifteen feet beyond the location of the new 
cross-cut, only one shot shall be fired in the entry to 
two in either or both the cross-cut and room-neck at 
the same shooting time. 

When not undercut or sheared, the entry and 
cross-cut may be advanced concurrently, but no room 
shall be opened in advance of the last open cross-cut, 
and after the entry has advanced fifteen feet beyond 
the location of a new cross-cut only one shot shall be 
fired in the entry to two in the cross-cut at the same 
shooting time. 

Not more than three shots shall be exploded at 
one shooting time ahead of the last open cross-cut 

(e) After the taking effect of this Act, the first 
cross-cut between all rooms off any entry shall not be 
more than sixty (00) feet from the rib of the entry. 
Additional cross-cuts shall not be more than sixty 
(GO) feet apart: Provided , however, that if in any 
mine the conditions are such that in the judgment of 
the duly accredited representative of the department 
of mines and minerals, expressed in writing, it is con¬ 
sidered equally safe and more advantageous to leave 
a blind pillar between not less than every three 
rooms, the department of mines and minerals shall 
have power to grant the authority to leave said pillar 


53 


subject to review by the department of mines and 
minerals on formal complaint of the representative 
of either party in interest and after an open hearing. 

(f) All cross-cuts connecting inlet and outlet air 
courses, except the last one nearest the face, shall be 
closed with substantial stoppings to be made as nearly 
air-tight as possible. In the making of the air-tight 
partitions or stoppings, no loose material or refuse 
shall be used. 

Cross-cuts between rooms, except the one nearest 
the face, shall be closed sufficiently to carry to the 
working places the amount of air required by law. 

(g) All possible care and diligence shall be ex¬ 
ercised in .the examination of working places, espe¬ 
cially for the investigation and detection of explosive 
gases therein, and where found, such gas shall be 
removed by a special current of air produced by brat- 
ticing or from a pipe, before men are permitted to 
work in such places with other lights than safety 
lamps. 

(h) If, in any mine, the conditions are such that 
in the judgment of the mine manager or the judgment 
of the State Mine Inspector expressed in writing, it is 
necessary to use safety lamps only in working said 
mine, other lights shall not be used therein: Provided, 
however, that if in the opinion of the miners or opera¬ 
tors, an injustice has been done by ordering said mine 
to use safety lamps only, the miners or operators have 
a right to appeal to the Department of Mines and 
Minerals, its decision in the case to be final. 

(i) The air from the outlet of the stable shall 
not pass into the intake air current used for ventilat¬ 
ing the working parts of the mine. 

(j) All doors in mines, used in guiding and 
directing the ventilating currents shall be hung and 
adjusted so as to close automatically. 

(k) At all doors through which three or more 
drivers are hauling coal on any one shift, an attend¬ 
ant shall be employed on said shaft [shift] for the 


54 


purpose of opening and closing said doors when trips 
of cars are passing to and from the workings: Pro¬ 
vided, the mine inspector in case of specially 
dangerous conditions, shall have power to require in 
writing that an attendant be placed at doors through 
which less than three drivers shall pass. Places for 
shelter shall be provided at such doorways to protect 
the attendants from being injured by the cars while 
attending to their duties: Provided, that in any or 
all mines, where doors are constructed in such a man¬ 
ner as to open and close automatically, attendants 
and places for shelter shall not be required. 

(l) If the inspector shall find men working with¬ 
out the amount of air required by law, he shall at 
once notify the mine manager to increase the amount 
of air in accordance with the law. Upon the failure 
or refusal of the manager to act promptly, and in all 
cases where men are endangered by such lack of air, 
the inspector shall at once order the men affected out 
of the mine. 

(m) In case the passageways, roadways or en¬ 
tries of any mine are so dry that the air becomes 
charged with dust, the operator of such mine must 
have such roadways regularly and thoroughly 
sprayed, sprinkled or cleaned. 

(n) At all mines employing over one hundred 
(100) men underground and in all mines generating 
fire damp, the ventilating fan shall be run both day 
and night; at all mines employing less than one hun¬ 
dred (100) men underground, the fan shall be run at 
its usual speed for six (6) hours before men go into 
the mine to work. A recording pressure gauge shall 
be maintained in connection with each fan at all 
times: Provided, nothing in this clause shall apply 
to mines employing ten men or less. (Amended by 
Act approved June 27, 1917, in force July 1, 1917. 
L. 1917, p. 602.) 

(o) In all mines where closed electric lamps 
are used exclusively, a sufficient number of prac- 


55 


tical, experienced miners shall be employed by the 
company, whose duty it shall be to examine the 
mine for obnoxious or inflammable gases while men 
are working therein • and, further provided , that the 
mine shall be examined by a competent person with 
a safety gas testing lamp on idle days, holidays and 
Sundays preceding the time the night shift goes on 
duty. (Amended by Act approved and in force July 
1, 1919.) 

Refuge Places, Power Haulage and Mule Roads, 

Room-Necks, Gol) Obstructions. 

§ 15. (a) On all single-track haulage roads where 
hauling is done by machinery, which roads the per¬ 
sons employed in the mine must use while perform¬ 
ing their work or travel on foot to and from their 
work, there shall be places of refuge on one side not 
less than 3 feet in depth from the side of the car, and 
not less than 4 feet long and 5 feet in height and not 
more, than 60 feet apart. On all such roads con¬ 
structed after the passage of this Act, the refuse 
[refuge] places shall be placed on the opposite side 
from the electric power wire. On rope-haulage roads, 
means of signaling shall be established between the 
haulage engineer and all points on the road. A con¬ 
spicuous light shall be carried on the front, and a 
gong, conspicuous red light or white signal board on 
the rear of every trip or train of pit cars moved by 
machinery. 

Refuge places—mule roads.] (b) On all haul¬ 
age roads on which the hauling is done by draft ani¬ 
mals, whereon men are obliged to be in the perform¬ 
ance of their duties or have to pass to and from their 
work, there shall be places of refuge not less than 
2y 2 feet in width from the side of the car, and not 
less than 4 feet long and 5 feet in height and not 
more than 60 feet apart. 

Room-necks as refuge places.] (c) Refuge 
places shall not be required in entries on which room- 


56 


necks at regular intervals not exceeding 60 feet fur¬ 
nish the required refuge places. 

Keeping refuge places clear.] (d) All places 
of refuge must be kept clear of obstructions and no 
material shall be stored nor be allowed to accumulate 
therein. They shall also be whitewashed not less 
than once in six months. 

Gob on haulage roads.] (e) One side of all haul¬ 
age roads shall be kept clear of refuse or materials, 
except timbering, unless the rib or timbering on such 
side shall be 2 y 2 feet or more from the rail, but in 
such case materials or refuse shall not be permitted 
within 2 y 2 feet of the rail. (Amended by Act ap¬ 
proved June 28, 1915, in force July 1, 1915. L. 1915, 
p. 505.) 

Gars. 

§ 16. (a) When there is an open hook coupling 

on either end of the car, the hook and links must be 
attachd so that when hanging down, the coupling will 
be clear of the ties and rails. 

Mine cars in use when this Act shall become in 
force and effect shall be made to comply with this 
provision within one year thereafter. 

(b) In mines opened after the passage of this 
Act, all mine cars shall be equipped with a bumper or 
bumpers on each end, which shall project from be¬ 
yond the end of the car not less than four inches in 
length. This shall not be held to apply to mines em¬ 
ploying ten men or less. (Amended by Act approved 
June 27, 1913, in force July 1, 1913. L. 1913, p. 411.) 
Voltage , Wires, Haulage Ways. 

§17. (a) Trolley wires or other exposed elec¬ 
trical wires shall not carry a voltage above 275 volts. 

Wires crossing haulage ways.] (b) All trolley 
and positive feet [d] wires crossing places where per¬ 
sons or animals are required to travel shall be safely 
guarded or protected from such persons or animals 
coming in contact therewith. 


(c) All terminal ends of positive wires shall be 
guarded so as to prevent persons inadvertently com¬ 
ing in contact therewith. 

Oil Standards, Brands, Sampling and Testing, 

Penalty. 

§ 18. All illuminating oils or other illuminants 
used in coal mines shall conform to such specifica¬ 
tions as shall be prescribed by the State Mining 
Board. 

Brands of oil.], (b) All oils sold or offered for 
sale to be used for illuminating purposes in coal mines 
shall be stamped or branded upon the original barrel 
or package in which said oil is furnished to the per¬ 
son, firm or corporation selling or furnishing such oil 
to show that such oil has been tested and found to 
conform to the specifications prescribed by the State 
Mining Board. 

Penalty.] (c) Any person, firm, or corporation, 
either by themselves, agents or employees, selling or 
offering to sell for illuminating purposes in any mine 
in this State any oil not complying with the specifica¬ 
tions of the State Mining Board as suitable for illum¬ 
inating purposes as contemplated in this Act shall be 
deemed guilty of a misdemeanor, and, upon conviction 
thereof, shall be fined not less than twenty-five dol¬ 
lars, nor more than one hundred dollars for each 
offense; and any mine owner or operator or employee 
of such owner or operator who shall knowingly use, 
or any mine operator who shall knowingly permit to 
be used, for illuminating purposes in any mine in this 
State any oil, the use of which is forbidden by this 
Act, shall be guilty of a misdemeanor, and shall be 
fined not less than five dollars nor more than twenty- 
five dollars. 

Samples and testing.] (d) The State mine in¬ 
spectors shall have authority to sample all oil used 
for illuminating purposes in the mines of this State, 
or kept on hand for use or for sale at such mines, 


58 


and for such purpose they may enter upon the 
premises of any person. It Shall be their duty to send 
to the State Mining Board to be tested a sample of 
any oil they have reason to suspect does not comply 
with the specifications of the State Mining Board in 
regard to illuminating oil for use in mines; and if the 
said sample of oil is found after suitable tests not to 
comply with the provisions of this Act, the person 
using said oil or selling or offering the same for sale, 
shall be prosecuted in accordance with the provisions 
of this Act. (Amended by Act, Approved June 27, 
1913, in force July 1, 1913. L. 1913, p. 411.) 

Powder, Keeping, Handling and Firing; Standard 

Charger; Dead Holes, Tamping, Warning. 

§ 19. (a) No blasting powder, or other explos¬ 
ives, shall be stored in any coal mine, and no work¬ 
man shall have at any time in the mine more than 
thirty-five pounds of black powder nor more than 
twenty-five pounds of permissible explosives, nor 
more than three pounds of other high explosives: Pro¬ 
vided, that nothing in this section shall be construed 
to prevent the operator of any mine from taking into 
the mine, when miners are not therein, and in elec¬ 
trically equipped mines, while the current is turned 
off on roadways through which it is transported, a 
sufficient quantity of powder for the reasonable 
requirements of such mine for the next succeeding 
working day. The delivery of powder into coal mines 
shall be during the interval after the shot firers have 
come out of the mine and prior to the entry of the 
day shift into the mine in the morning; but in the 
interim before such powder is delivered to the men, 
it shall be kept in a closed receptacle. 

Explosives shall not be carried in the same car 
with tools or other materials. 

Place and manner of keeping in the mine.] 
(b) Every person who has powder or other explosives 
in a mine shall keep the same in a wooden box 


59 


securely locked, with hinged lid, and said box shall 
be kept as far as practicable from the track; and all 
powder boxes shall be kept as far as practicable 
from each other and each in a scheduled place. Black 
powder and high explosives or caps shall not be kept 
in the same box. Detonating explosives and detona¬ 
tors shall not be kept in the same box. 

Manner of handling.] (c) Whenever a work¬ 
man is about to open a box or keg containing powder 
or other explosives, and while handling the same, he 
shall place and keep his lamp at least five feet distant 
from said explosive, and in such position that the air 
current Can not convey sparks to it, and no person 
shall approach nearer than five feet to any open box 
containing an open keg of powder or other explosive 
with a lighted lamp, lighted pipe or other thing con¬ 
taining fire. No miner, workman or other person shall 
open any receptacle containing an explosive except 
by the means of opening the same provided by the 
manufacturer thereof, and it shall be unlawful for 
any person to have in his possession in any mine any 
receptacle containing explosive which has been opened 
in violation of this Act. 

Quantity of powder in one charge.] (d) The 
quantity of powder to be used in the preparation of 
shots shall not, in any case, exceed five (5) standard 
chargers full of powder in coal seams five and one- 
half (5*4) feet or over in thickness; and shall not, in 
any case, exceed four (4) standard charges full of 
powder in coal seams under five and one-half (5*4) 
feet in thickness. 

Standard charger.] (e) For the purpose of de¬ 
termining the quantity of powder to be used in the 
preparation of any given shot, a standard charger is 
defined and prescribed to be a cylindrical metallic 
charger not to exceed twelve (12) inches in length 
and not to exceed one and one-lialf (1%) inches in 
diameter. 


60 


Dead holes.] (f) No person shall drill or shoot 
a dead hole as hereinafter defined. A “dead hole” is 
a hole where the width of the shot at the point 
measured at right angles to the line of the hole is so 
great that the heel is not of sufficient strength to at 
least balance the resistance at the point. The heel 
means that part of the shot which lies outside of the 
powder. 

In solid shooting, the width of the shot at the 
point, in seams of coal six (6) feet or less in height, 
shall not be greater than the height of the coal and 
in seams of coal more than six (6) feet in thickness, 
the width of the shot at the point shall, in no case, be 
more than six (6) feet. 

In undercut coal, no hole shall be drilled “on the 
solid” for any part of its length. 

Mixed shots.] (g) In no case shall more than 
one kind of explosive be used in the same drill hole. 

Copper tools.] (li) The needle used in preparing 
a blast shall be made of copper, and any metallic 
tamping-bar or scraper which is used for placing ex¬ 
plosives for shots shall be tipped with at least five 
inches of copper. A scraper shall not be used for 
tamping. 

Tamping.] (i) Every blasting hole shall be 
tamped full from the explosive to the mouth of the 
hole, and no coal dust or any material that is inflam¬ 
mable or that may create a spark, whether the same 
shall be wet or dry, shall be used for tamping. 

Use of squibs.] (j) When a squib is used to fire 
a shot it shall be unlawful to shorten or oil the match 
of the squib or to ignite it except at the end. 

Warning before firing.] (k) Before firing a 
shot, the person firing the same shall see that all per¬ 
sons are out of danger from the probable effects of 
such shot, and shall take measures to prevent any one 
approaching by shouting “fire” before lighting the 
same. 


61 


Not more than one shot at a time.] (1) Not 
more than one shot shall be lighted at the same time 
in any working place unless the firing is done by elec¬ 
tricity or by fuses of such length that the interval 
between the explosions of any two shots shall be not 
less than one minute, and in no case shall any shot or 
shots be fired or lighted which are termed depending 
or dependent shots, until after the expiration of ten 
* minutes from the successful firing of the relieving shot 
or shots. When successive shots are to be fired in 
any working place in which the roof is broken or 
faulty, the smoke shall be allowed to clear away and 
the roof examined and made secure between shots. 

Missed shots.] (m) No person shall return to a 
missed shot, if lighted with a squib, until five (5) 
minutes have elapsed from the time of lighting the 
same, or, if lighted with fuse, until the following day; 
and no person shall return to a missed shot when the 
firing is done by electricity unless the wires are dis¬ 
connected from the battery. 

(n) No missed shot shall be withdrawn except¬ 
ing by the use of copper-tipped or wooden tools. 
(Amended by Act approved June 27, 1913, in force 
July 1, 1913. L. 1913, p. 411. 

(o) Where shot firers are employed and fuse is 
used to fire shots, the length of the fuse shall be not 
less than three and one-lialf (3%) feet outside the 
powder. (Amended by Act approved and in force 
July 1, 1919.) 

Duty of Mine Manager. 

§20. (a) It shall be the duty of the mine 

manager: 

1. To visit each working place in the mine at 
least once in two weeks. 

2. To provide a suitable checking system whereby 
the entrance into and departure from the mine of 
each employee shall be indicated. 


62 


3. To have the underground workings of the 
mine examined by a certificated mine examiner 
within eight hours preceding every day upon which 
the mine is to be operated. Such a mine examiner 
shall make the examination as provided in this Act, 
and he shall enter his report thereof with indelible 
pencil or ink in a well bound or properly protected 
loose leaf book provided for that purpose, before the 
men are permitted to enter the mine in the morning. 
This book shall be kept in some convenient place on 
top, but not in the engine room, for the information 
of the inspector and other persons interested therein. 

4. To examine the mine examiner’s report in the 
morning, and if the working places are reported 
dangerous, he shall withhold the entrance checks of 
men working in such places until he has taken every 
proper precaution to advise such men of the danger 
and instructed them not to work in such places until 
the reported danger has been removed, except for the 
purpose of removing same. 

5. When there is to be a night shift mining coal, 
the mine manager shall require the places in which 
such night shift are expected to work to be examined 
for gas, or falls or dangerous roof, by the person in 
charge of such night shift or some competent person 
duly authorized by him before the men enter such 
places for work. The night shift may go into the 
mine while the night examiner is in the mine, except¬ 
ing in mines where marsh gas has been detected in 
dangerous quantities, provided they do not go into 
the working places until the required examination is 
made. 

Certificated mine examiners shall not be required 
for the examination preceding the night shift, except¬ 
ing in mines where marsh gas is detected in danger¬ 
ous quantities. The night examiner, or examiners, 
shall make a record of their examination in a special 
book kept for that purpose, which shall be kept in 


63 


some convenient place on top when not in use by the 
examiner. 

6. He shall provide a sufficient number of props, 
caps and timbers, when demanded, delivered on the 
miners’ cars at the usual place, in suitable lengths and 
dimensions for the securing of the roof by the miners. 

7. He shall see that the cross-cuts are made at 
proper distances apart, and that the necessary doors, 
curtains, and brattices are provided to secure the men 
in the mine the volume of air required by this Act, or 
by the written demands of the mine inspector; also, 
that all stoppings along air-ways are properly and 
promptly built. 

8. He shall keep careful watch over all ventilat¬ 
ing apparatus, and the air currents in the mine, and 
in case of accident to fan or machinery by which the 
air currents are stopped or materially obstructed, he 
shall at once order the withdrawal of the men from 
the mine and prohibit their return until the required 
ventilation has been re-established. 

9. He shall measure the air current or cause the 
same to be measured at least once each week at the 
inlet and outlet, also at the last open cross-cut in 
each division or split, and shall keep a record of such 
measurements for the information of the mine in¬ 
spector. 

10. He or his assistants shall, at least once a 
week, examine the escapement shaft and the road¬ 
ways leading thereto and all other openings for the 
safe exit of men to the surface; and shall make a 
record of any obstructions or other unsafe conditions 
existing therein, and cause the same to be promptly 
removed. 

11. He shall examine or designate a competent 
person to examine the hoisting ropes, cages and 
safety catches every morning, and shall require the 
ropes to be tested by hoisting the cages before the 
men are lowered. 

12. He must see that the top man and bottom 


64 


man are on duty and that sufficient lights are main¬ 
tained at the top and bottom landings when the 
miners are being hoisted and lowered. 

13. The mine manager or his assistant shall be 
at his post at the mine when the men are lowered 
into the mine in the morning for work, and shall 
remain at night until all the men employed during 
the day shall have been hoisted out. 

14. He shall give special attention to and in¬ 
structions concerning the proper storage and han¬ 
dling of explosives in the mines. 

15. He shall see that all dusty haulage roads are 
regularly and thoroughly sprayed, sprinkled or 
cleaned at regular intervals when the health and 
safety of the men in the mines demand. 

(b) The mine manager shall have power: 

1. To instruct employees as to their respective 
duties and to require of all employees obedience to 
the provisions of the mining law. 

2. To prescribe special rules concerning the 
proper storage and handling of explosives in the mine 
and concerning the time and manner of placing and 
discharging the blasting shots, and it shall be unlaw¬ 
ful for any miner to tire shots except according to 
such rules. 

3. In mines in which the works are so extensive 
that all the duties devolving upon the mine manager 
cannot be discharged by one man, competent persons 
may be designated and appointed as assistants to the 
mine manager, who shall exercise his functions under 
the mine manager’s instructions.* (Amended by Act 


*A miner is not a trespasser and is within the protection 
of the Mining act when he quits work on account of a 
cave-in or squeeze occurring in the mine, enters the mine 
to secure his tools and receive his time check from the mine 
manager under his permission and assurance that there is 
no gas in the part of the mine through which the miner 
must pass, and is killed from an explosion of gas while secur¬ 
ing his tools. Romani v. Shoal Creek Coal Co. (1916), 271 
Ill. 360, 365, 367. 



65 


approved June 27, 1913, in force July 1, 1913. L. 1913, 
p. 411.) (Amended by Act approved and in force 
July 1, 1919.) 

Mine Examiners’ Duties. 

§21. (a) A certificated mine examiner shall be 
required at all coal mines. There shall be one or 
more additional certificated mine examiners whenever 
required in writing by State mine inspectors when 
the conditions are such as to make the employment 
of such additional mine examiners necessary. 

(b) It shall be the duty of the mine examiner: 

1. To examine the underground workings of the 
mine within eight hours preceding the time the day 
shift goes on duty, every day upon which the mine 
is to be operated, excepting that when in the judg¬ 
ment of the State Mine Inspector expressed in writ¬ 
ing to the coal operator, a mine generates explosive 
gas in dangerous quantities, a State Mine Inspector 
shall require the mine to be examined for gas in such 
manner and at such shorter intervals than eight hours 
before the time the day shift goes on duty every day 
upon which the mine is to be operated, as may be 
necessary to insure the safety of the men working in 
such mine. In all mines where closed electric lamps 
are used exclusively, said mines shall be examined 
within four hours preceding the time the day shift 
goes on duty. 

2. When in the performance of his duties, to 
carry with him a safety lamp in proper order and 
condition and a rod or bar for sounding the roof. 

3. To see that the air current is traveling in its 
proper course and in proper quantity; and to measure 
with an anemometer the amount of air passing in the 
last cross-cut or break-through of each pair of entries, 
or in the last room of each division in long-wall mines, 
and at all other points where he may deem it neces¬ 
sary ; and to note the result of such measurements in 
the mine examiner’s book kept for that purpose. 


GO 


4. To inspect all places where men are required 
in the performance of their duties to pass or to work, 
and to observe whether there are any recent falls or 
dangerous roof or accumulations of gas or dangerous 
conditions in rooms or roadways; and to examine 
especially all roadways leading to escapement shafts 
or other openings for the safe exit of men to the 
surface, the edges and accessible parts of recent falls 
and old gobs and air-courses.* * 

5. As evidence of his examination of said rooms 
and roadways, to inscribe in some suitable place on 
the walls of each, not on the face of the coal, with 
chalk, the month and the day of the month of his 
visit. 

G. When working places are discovered in which 
there are recent falls or dangerous roof or dangerous 
conditions, to place a conspicuous mark or sign 
thereat as notice to all men to keep out; and in case 
of accumulation of gas. to place at least two con¬ 
spicuous obstructions across the roadway not less 
than twenty feet apart, one of which shall he outside 
the last open cross-cut.* 

*This provision applies not only to dangerous conditions 
which are of a temporary character, hut also to faulty con¬ 
ditions of a permanent nature, caused in the course of con¬ 
struction in opening the mine. Dunham v. Black Diamond 
Coal Co. (1909), 239 Ill. 457, 459. 

Any “dangerous condition"’ in a coal mine means such a 
condition as endangers the life, limh or health of men 
working in the mine, whether the condition is permanent, 
due to faulty construction, or temporary, due to operation ; 
and includes a dangerous condition in the track, roadbed, 
or side entries. The accumulation of coal upon a railway 
track of a mine constitutes a dangerous condition which the 
mine examiner is bound to discover and report. Mengelkamp 
v. Consolidated Coal Co. (1913), 259 Ill. 305, 309. 

*A similar provision (section 18 of the Mines and Mining 
act of 1899) requiring the mine examiner to place a con¬ 
spicuous mark in all working places in the mine where 
dangerous conditions existed and to report such conditions 
to the mine manager, restricting entrance into the mine 
until the danger was removed, was considered a valid regu¬ 
lation under section 23, article 4 of the constitution. Cooti 
v. Big Muddy-Carterville Mining Co. (1911), 249 Ill. 41, 47. 



G7 


7. Upon completing his examination, to make a 
daily record of the same in a book kept for that pur¬ 
pose, for the information of the company, the in¬ 
spector and all other persons interested; and this 
record shall be made each morning before the miners 
are permitted to enter the mine. 

8. To take into his possession the entrance 
checks of all men whose working places have been 
shown by his examination and record to be danger¬ 
ous, and to give such entrance checks to the mine 
manager before the men are permitted to enter the 
mine in the morning. (Amended by Act approved 
June 28, 1915, in force July 1, 1915. L. 1915, p. 505.) 

Duty of Hoisting Engineer. 

§ 22. It shall be the duty of the hoisting engineer: 

1. To be in constant attendance at his engine or 
boilers at all times when there are workmen under¬ 
ground. Whenever it is the duty of the engineer to 
attend to the boilers, means for signaling from the 
shaft bottom to the boiler-room shall be provided. 

2. He shall not permit any one except persons 
duly authorized to enter the engine-room, and he shall 
hold no communication with any officer of the com¬ 
pany or other person while the engine is in motion 
or while his attention is occupied with the signals. 

3. The engineer or some other properly author¬ 
ized employee shall: 

(a) Keep a careful watch over the engine, boil¬ 
ers, pumps, ropes and winding apparatus under his 
jurisdiction. 

(b) See that the boilers under his care are prop¬ 
erly supplied with water, cleaned and inspected at 
frequent intervals. 

(c) See that the steam pressure does not exceed 
the limit established by the boiler inspector, and fre¬ 
quently try the try cocks and the safety valves and 
shall not increase the weights on the same. 


68 


(d) See that the steam and water gauges are 
kept in good order, and if any of the pumps, valves 
or gauges become deranged or fail to act, promptly 
report the fact to the proper authority. 

4. He shall thoroughly understand the estab¬ 
lished code of signals, and when he has the signal 
that men are on the cage, he must - operate his engine 
at not to exceed the rate of speed permitted by this 
Act. 

5. He shall permit no one to handle, except in 
the discharge of duty, or meddle with any machinery 
under his charge or suffer any one who is not a certi¬ 
fied engineer to operate his engine except for the pur¬ 
pose of learning to operate it, and then only in the 
presence of the engineer in charge and when men are 
not on the cage. 

Special Rules. 

§23. (a) It shall he unlawful for any person 
knowingly or negligently: 

1. To injure or tamper with any appliance or 
machinery. 

2. To carry an open light, pipe or fire in any 
form into any place worked by the light of safety 
lamps, or within five feet of an open package of 
explosive. 

3. To open any locked safety lamp without per¬ 
mission from the proper authority. 

4. To handle or disturb any part of the hoisting 
machinery without proper authority. 

5. To obstruct or cause any obstruction in any 
air current or to leave open any door or other means 
provided to control the air current or to perform any 
act that will interfere with the ventilating current of 
the mine without permission to do the same from the 
mine manager. 

6. To deface, pull down or destroy any notice 
board, danger signal, special rule or record book. 

(b) No person shall be permitted to or shall 


69 


enter, work in or about a mine or mine buildings, 
tracks or machinery connected therewith while under 
the influence of intoxicants. 

(c) Every miner shall sound and thoroughly ex¬ 
amine the roof of his working place before commenc¬ 
ing work, and if he finds loose rock or other 
dangerous conditions, he shall not work in such 
dangerous place except to make such dangerous con¬ 
ditions safe. It shall be the duty of the miner to 
properly prop and secure his place for his own safety 
with materials provided therefor.* 

(d) It shall be the duty of every operator to post 
at some conspicuous point at the entrance to the 
mine, in such manner that the employees of the mine 
can read them, rules not inconsistent With this Act, 
plainly printed in the English language, which shall 
govern all persons working in the mine. And the 
posting of such notice, as provided, shall charge all 
employees of such mine with legal notice of the con¬ 
tents thereof. 

(e) It shall be unlawful for any person to dis¬ 
obey any order given in pursuance of this Act, or to 
enter any place against a danger signal without per¬ 
mission from the mine manager, or to do any willful 
act whereby the lives or health of persons working in 
mines or the security of the mine or the machinery 
thereof are endangered. 

(f) No mine employee shall enter or leave a mine 
without indicating the fact of entering or leaving 
said mine by some suitable checking system provided 
by and under the control of the mine manager. 

(g) No person, except the person necessary to 
operate the trip or car, shall ride on any loaded car 

*This provision applies to employes who have a fixed 
working place.in the mine, and docs not apply to employes 
who are required to work all over the mine wherever falls 
might occur. Grannon v. Donk Bros. Coal Co. (1913), 259 
Ill. 350, 356. 



70 


or on the outside of any car, or get on or off a car 
while in motion. 

(h) It shall be unlawful to change, exchange, 
substitute, alter or remove any number or check or 
other device or sign used to indicate or identify the 
person or persons to whom credit or pay is due for 
the mining of coal in any car or appliance containing 
the same, with intent to cheat or defraud any other 
person of the value of his services for mining the coal 
contained in such car or appliance, and it shall be 
unlawful for a person with intent to cheat or defraud 
any other to place any number, check or other device 
or sign upon any car or other appliance loaded by any 
other person in or about the mine. Any violation of 
this provision shall be deemed a larceny, and upon 
conviction thereof shall be punishable as provided in 
the general statutes of Illinois with respect to larceny. 

Ten-foot Limit, Abandoned Workings. 

§24. (a) In no case shall the workings of any 
mine be driven nearer than 10 feet to the boundary 
line of the coal right pertaining to said mine, except 
for the purpose of establishing an underground com¬ 
munication between contiguous mines, as provided for 
elsewhere in this Act, or except by mutual agreement 
in writing between the adjoining owners. 

Approaching abandoned workings.] (b) When¬ 
ever any working place approaches within 50 feet of 
abandoned workings of which there is a map pre¬ 
pared as required by law and which may contain 
dangerous accumulations of water or of gas, the 
operator of said mine shall advance by workings not 
more than 20 feet wide and maintain in advance of 
the face a bore hole not less than 10 feet in depth and 
one hole in each rib of the working place 10 feet in 
depth, which side holes shall be drilled so as to make 
an angle of not less than forty-five degrees with the 
direction of the rib. If there is not a map of the 
abandoned workings, the holes heretofore provided 


71 


for shall be drilled when the new workings are 
within 100 feet of where the old workings are sup¬ 
posed to be. 

Duty of Inspector, Coroner's Inquest, Investigation. 

§25. (a) Any loss of life or personal injury in 
or about any coal mine shall be reported without 
delay by the person having charge of said mine to the 
State mine inspector of the district in which the mine 
is located, and the said inspector, in case of injury, if 
he deem necessary from the facts reported, and in all 
cases of loss of life, shall go immediately to the scene 
of said accident and render every possible assistance 
to those in need. 

Every operator of a coal mine shall make or 
cause to be made and preserve for the information of 
the State mine inspector, upon uniform blanks 
furnished by said inspector, a record of all deaths 
and all injuries sustained by any of his employees in 
the pursuance of their regular occupations. 

Coroners’ inquest.] (b) If any person is killed 
in or about a mine, the operator shall also notify the 
coroner of the county, or in his absence or inability 
to act, any justice of the peace of said county, who 
shall hold an inquest concerning the cause of such 
death. The State mine inspector may question or 
cross-question any witness testifying at the inquest. 

Investigation by inspectors.] (c) The State 
mine inspector shall make a personal investigation as 
to the nature and cause of all serious accidents in 
mines under his supervision. He shall make a record 
of the circumstances attending the same, as developed 
by the coroner's inquest and by his own personal in¬ 
vestigation, which record shall be preserved in the 
tiles of his office, and a copy thereof filed with the 
State Mining Board within thirty days from the con¬ 
clusion of such investigation, and such report shall 
thereupon become part of the records of such board. 
To enable him to make such investigation he shall 
have power to compel the attendance of witnesses and 


72 


to administer oaths or affirmations to them, and the 
cost of such investigations shall be paid by the county 
in which such accident has occurred. 

Any person having charge or custody of the 
records, files, documents, reports and proceedings of 
the State Mining Board provided to be made, filed or 
kept under the provisions of the laws of Illinois, in 
case of serious accident shall furnish to any person 
or persons interested, a certified copy thereof upon 
application, and upon the payment or tender of fees 
at such rates as are now paid in this State to the 
clerks of circuit courts in counties of the second class 
for certified copies of records, and refusal to furnish 
such copies shall constitute a misdemeanor. (Amend¬ 
ed by Act approved June 28, 1915, in force July 1, 
1915. L. 1915, p. 505.) 

Stretchers and Blankets. 

§ 26. At every mine, it shall be the duty of the 
operator thereof to keep always on hand, and at some 
readily accessible place, a properly constructed 
stretcher, a woolen and waterproof blanket, and a roll 
of bandages in good condition and ready for immedi¬ 
ate use for binding, covering and carrying any one 
who may be injured at the mine. When 100 or more 
men are employed at any mine, two stretchers and 
two woolen and two waterproof blankets, with a cor¬ 
responding number of bandages, shall be provided and 
kept on hand. At mines where fire-damp is gener¬ 
ated, there shall also be provided and kept in store a 
suitable supply of linseed or olive oil, for use in case 
where men are burned by an explosion. 

Scales, Weighman and Check Weighman. 

§27. (a) The operator of every coal mine where 
miners are paid by the weight of their output, shall 
provide at such mine suitable and accurate scales for 
the weighing of such coal, and a correct record shall 
be kept of all coal so weighed, and said record shall 


73 


be open at all reasonable hours to the inspection of 
miners and others interested in the product of said 
mine. The operator shall provide at such mine not 
less than one thousand (1,000) pounds of United 
States Standard weights. 

Weighman.] (b) The person authorized to weigh 
the coal and keep the record as aforesaid shall be a 
citizen of the United States, and shall, before entering 
upon his duties, make and subscribe to an oath before 
some person duly authorized to administer oaths, that 
he will accurately weigh and carefully keep a true 
record of all coal weighed, and such affidavit shall be 
kept conspicuously posted at the place of weighing. 

Check weighman.] (c) The miners at work in 
any coal mine may employ a check weighman at 
their option and at their own expense, whose duty it 
shall be to balance the scales and see that the coal 
is properly weighed, and that a correct account of the 
same is kept, and for this purpose he shall have access 
at all times to the beam box of said scales, and be 
afforded every facility for verifying the weights while 
the weighing is being done. The check weighman so 
employed by the miners shall be a citizen of the 
United States, and, before entering upon his duties, 
shall make and subscribe to an oath before some per¬ 
son duly authorized to administer oaths, that he will 
faithfully discharge his duties as check weighman, 
and such oath shall be kept conspicuously posted at 
the place of weighing. (Amended by Act approved 
and in force July 1, 1919. L. 1919, p. 665.) 

Boys and Women. 

§ 28. No boy under the age of sixteen years, and 
no woman or girl of any age, shall be permitted to do 
any manual labor in or about any mine, and before 
any boy can be permitted to work in any mine he 
must produce to the mine manager or operator 
thereof an affidavit from his parent or guardian or 
next of kin, sworn and subscribed to before a justice 


74 


of the peace, or notary public, that he, the said boy, 
is sixteen years of age. 

The parent, guardian or next of kin shall submit 
in connection with said affidavit, a certificate of birth, 
a baptismal certificate, a passport or other official or 
religious record of the boy’s age or duly attested 
transcript thereof, which certificate or transcript 
thereof shall, for the purposes of this Act, establish 
the age of said boy. 

Any person swearing falsely in regard to the age 
of a boy shall be guilty of perjury, and shall be pun¬ 
ished as provided in the general statutes of the State 
pertaining to perjury. 

Violations, Penalties. 

§ 29. (a) Any willful neglect, refusal or failure 
to do the things required to be done by any section, 
clause or provision of this Act, on the part of the 
person or persons herein required to do them, or any 
violation of any of the provisions or requirements 
hereof, or any attempt to obstruct or interfere with 
any inspector in the discharge of the duties herein 
imposed upon him, or any refusal to comply with the 
instructions of an inspector given by authority of this 
Act shall be deemed a misdemeanor punishable by a 
fine not exceeding five hundred dollars, or by impris¬ 
onment in the county jail for a period not exceeding 
six months, or both, at the discretion of the court: 
Provided, that in addition to the above penalties, in 
case of the failure of any operator to comply with 
the provisions of this Act in relation to the sink¬ 
ing of escapement shafts and the ventilation of mines, 
the State’s attorney for the county in which such fail¬ 
ure occurs, or any other attorney, in case of his 
neglect to act promptly, shall proceed against such 
operator by injunction without bond, to restrain him 
from continuing to operate such mine until all legal 
requirements shall have been fully complied with. 

(b) Any inspector who shall discover that any 


75 


section of this Act, or part thereof, is being neglected 
or violated, shall order immediate compliance there¬ 
with, and, in case of continued failure to comply, 
shall have power to stop the operation of the mine, 
or to remove any offending person or persons from 
the mine until the law is complied with. 

(c) For any injury to person or property, oc¬ 
casioned by any willfhl violation of this Act, or will¬ 
ful failure to comply with any of its provisions, a 
right of action shall accrue to the party injured, for 
any direct damages sustained thereby; and in case of 
loss of life by reason of such willful violation or will¬ 
ful failure as aforesaid, a right of action shall accrue 
to the personal representatives of the person so killed 
for the exclusive benefit of the widow and next of 
kin of such person and to any other person or persons 
who were, before such loss of life, dependent for sup¬ 
port on the person or persons so killed, for a like 
recovery of damages for the injuries sustained by 
reason of such loss of life or lives not to exceed the 
sum of ten thousand dollars: Provided, that every 
such action for damages in case of death shall be com¬ 
menced within one year after the death of such per¬ 
son : And, provided , further , that the amount recov¬ 
ered by the personal representative of the person so 
killed shall be distributed to the widow and next of 
kin of such person in the proportion provided by law 
in relation to the distribution of personal property 
left by persons dying intestate: Provided, that if and 
whenever there shall be in force in this State, a 
statute or statutes providing for compensation to 
workmen for all injuries received in the course of 
their employment, the provisions thereof shall apply 
in lieu of the right of action for damages provided in 
this Act. 

Definitions. 

§30. (a) Where used in this Act, the words 
“mine” and “coal mine” are intended to signify any 


76 


and all parts of the property of a mining plant, on 
the surface or underground, which contribute, directly 
or indirectly, under one management, to the mining 
or handling of coal.* 

Excavation or workings.] (b) The words “ex¬ 
cavation” and “workings” signify any or all parts of 
a mine excavated or being excavated, including 
shafts, slopes, tunnels, entries,’ rooms and working 
place, whether abandoned or in use. 

Shaft.] (c) The term “shaft” means any verti¬ 
cal opening through the strata which is or may be 
used for purposes of ventilation or escapement, or for 
the Jioisting or lowering of men and material in con¬ 
nection with the mining of coal. 

Slope.] (d) The term “slope” means any in¬ 
clined way in or to a seam of coal to be used for the 
same purposes as a shaft. 

Drift.] (e) The term “drift” means any prac¬ 
tically horizontal way in or to a seam of coal to be 
used for the same purpose as a shaft. 

Operator.] (f) The term “operator” as applied 
to the party in control of a mine in this Act, signifies 
the person, firm or body corporate who is the immedi¬ 
ate proprietor as owner or lessee of the plant, and, as 
such, responsible for the condition and management 
thereof. 

Mine manager.] (g) The “mine manager” is the 
person who is charged with the general direction of 
the underground work. 

Mine examiner.] (h) The “mine examiner” is 
the person charged with the examination of the 
underground workings of the mine before the miners 
are permitted to enter it in the morning. 


The term coal mine embraces machinery and appliances 
used to facilitate the work of removing coal and other 
material brought out of the mine; and in complying with 
the requirements of the statute, the term also applies to the 
condition in which the top shall be kept, and is not confined 
to the underground operations of the mine or plant and to 
the shaft. Spring Valley Coal Co. v. Greig (1907), 226 Ill. 
oil, 51o, 



77 


Repeal. 

§ 31. That an Act entitled, “An Act to revise the 
laws in relation to coal mines and subjects relating 
thereto, and providing for the health and safety of 
persons employed therein,” approved April 18, 1899, 
and in force July 1, 1899, with amendments to July 
1, 1919; also 

An Act entitled, “An Act to prohibit the use of 
certain oils in coal mines and penalties for infraction 
of same,” approved April 30, 1895, in force July 1, 
1895; also 

An Act entitled, “An Act concerning the use of 
powder in coal mines,” approved and in force May 14, 
1903, as amended by an Act approved May 24, 1907, 
in force July 1, 1907; also 

An Act entitled, “An Act to provide for the 
weighing of coal at the mines, and to repeal a certain 
Act therein named,” approved June 17, 1887, in force 
July 1, 1887, be and each of said Acts is hereby 
repealed. 


78 


EMINENT DOMAIN. 


An Act to revise the law in relation to mines. Ap¬ 
proved March 24, 1874, in force July 1, 1874- 

Eminent Domain, Road or Railroad. 

Section 1 . Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That whenever any mine or mining place shall 
be so situated that it cannot he conveniently worked 
without a road or railroad thereto, or ditch to drain 
the same or to convey water thereto, and such road, 
railroad or ditch shall necessarily pass over, through 
or under other land owned or occupied by others, the 
owner or operator of any such mine or mining place 
may enter upon such lands, and construct such road, 
railroad or ditch, upon complying with the law in 
relation to the exercise of the right of eminent 
domain. 

And the commissioners of highways of any county 
under township organization, and the county board 
in counties not under township organization, may, 
when the public good requires, cause to be laid out 
and opened public highways, or private roads or cart¬ 
ways, from any coal mine to a public highway or to a 
railway, as the public good may require, in the same 
way as now or may hereafter be provided by law for 
the laying out and opening of public highways or 
private roads or cartways, and may permit the 
owner, lessee or operator of any coal mine to lay 
down and operate a horse or dummy railway thereon, 
or upon any highway or private road or cartway now 
or hereafter laid out and opened for public or public 
and private use, but always in such a manner and 



79 


way, and upon such place thereon, as to not unneces¬ 
sarily interfere with ordinary public travel. 

Trespass, Surveyor. 

§ 2. If the owner of any land adjacent to any 
lands worked as lead, coal, iron or other mine, shall 
make complaint, in writing, verified by affidavit, to 
the judge of any court of record in the county where 
the land is situated, that he has reasonable grounds 
to believe, and does believe, that the owner or opera¬ 
tor of such mine is trespassing upon his lands by min¬ 
ing thereon, it shall be the duty of the judge to 
appoint some county surveyor or other competent and 
suitable person to descend into such mine, and make 
such examinations and surveys as may be necessary 
to ascertain whether the same is being worked upon 
the land of the person making the complaint. 

Surveyor, Powers, Penalty. 

§ 3. The person so appointed shall have the 
right, at all reasonable times, to descend into such 
mine and make such examinations and surveys; and 
whoever shall willfully obstruct or hinder such per¬ 
son from entering into any such mine, or any gallery 
or place therein, or from making any such examina¬ 
tion or survey, shall, for each offense, be fined not 
exceeding $200, to be recovered before any justice of 
the peace of the county. Any person accepting any 
such appointment, and failing or refusing to make 
such survey upon the request of the petitioner, may 
be proceeded against as for a contempt of court, or he 
may be fined not exceeding $500. 

Examination, Expenses. 

§ 4. The expense of such examination and survey 
shall be paid by the person making the complaint, but 
if such person shall recover damages against the 
owner or operator of such mine for working the same 
upon his land, he shall have the right to have such 
expense added to the damages. 


80 


Trespass, Penalty. 

§ 5. Whoever shall willfully trespass upon the 
land of another by mining thereon, shall, in addition 
to the damages now authorized by law be liable to a 
penalty not to exceed $500, which may be recovered 
in an action of debt by the owner thereof, in any 
court of competent jurisdiction. 

Mining Rights, Conveyance. 

§ 6. Any mining right, or the right to dig for or 
obtain iron, lead, copper, coal, or other mineral from 
land, may be conveyed by deed or lease, which may be 
acknowledged and recorded in the same manner and 
with like effect as deeds and leases of real estate. 

Mining Rights, Taxation. 

§ 7. When the owner of any land shall convey, by 
deed or lease, any mining right therein, such convey¬ 
ance shall be considered as so separating such right 
from the land that the same shall be taxable sepa¬ 
rately, and any sale of the land for any tax or assess¬ 
ment shall not include or affect such mining right. 

Lead Mineral, Record. 

§ 8. Every person purchasing lead mineral shall 
keep a book, in which he shall keep an account of all 
lead mineral purchased by him, stating clearly the 
amount, from whom and time when purchased, and 
the place where it was dug; and for the purpose of 
ascertaining such facts, he shall make diligent in¬ 
quiry of the person offering such mineral for sale, 
and if satisfactory answers are not given, it shall not 
be lawful for him to buy the same. 

Lead Mineral, Record, Inspection. 

§ 9. Such purchaser shall keep such book at his 
usual place of business, open at all reasonable times 
for the inspection of miners, owners of mineral lands, 
and smelters of lead ore. 


81 


Lead Mineral, Purchaser, Statement. 

§ 10. When any such purchaser has not a usual 
place of business, lie shall, within twenty-four hours 
from the time of making any such purchase, make 
return to the nearest smelter of lead ore to the place 
of procuring the same, stating the amount thereof, 
when, of whom and where purchased, and from what 
place the same was dug or taken; and such smelter 
shall minute the same in his book, to be kept pursuant 
to this Act. 

Lead Mineral, Purchase. 

§ 11. No person shall be allowed to purchase lead 
mineral from any child under twelve years of age. 

Lead Mineral, Purchase, Penalties. 

§ 12. Any person who shall purchase lead mineral 
without keeping the book or making the entries or 
returns as herein provided, or shall refuse to allow 
their inspection as herein provided, shall forfeit for 
each offense the sum of $25; and whoever violates any 
of the other provisions of the four preceding sections, 
shall forfeit for the first offense the sum of $5 and 
costs, and for every subsequent offense $10 and costs 
—one-half to the informer, and the other half to the 
school fund of the school district where the suit is 
.brought. Said penalties shall be recoverable by action 
of debt before any justice of the peace of the county 
where the offense is committed. 

WAGES OF MINERS AND LABORERS AT COAL 
MINES LIEN ON ALL PROPERTY. 

An Act to protect laborers and miners for labor per¬ 
formed in developing and working in coal mines. 

Approved June 21, 1895, in force July 1, 1895. L. 

1895, p. 21,2. 

Wages, Lien. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem- 


My: That every laborer or miner who shall perform 
labor in opening and developing any coal mine, includ¬ 
ing sinking shafts, constructing slopes or drifts, min¬ 
ing coal and the like, shall have a lien upon all the 
property of the person, firm or corporation owning, 
constructing or operating such mine, used in the con¬ 
struction or operation thereof, including real estate, 
buildings, engines, cars, mules, scales and all other 
personal property, for the value of such labor for the 
full amount thereof, upon the same terms, with the 
same rights and to be secured and enforced as 
mechanics’ liens are secured and enforced. 

MINERS TO BE PAID IN LAWFUL MONEY FOR 
ALL COAL MINED. 

An Act to provide for the payment of coal miners for 
all coal mined by them, and providing additional 
duties for mine inspectors. Approved June 3, 
1897, in force July 1, 1891. L. 1897, p. 270. 
Wages, Payment. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That every person engaged in mining coal for 
any corporation, company, firm or individual, shall 
be paid in lawful money of the United States for all 
coal mined and loaded into the min[ing] car by such 
person for such corporation, company, firm or indi¬ 
vidual, including lump, egg, nut, pea and slack, or 
such other grades as said coal may be divided into, 
at such price as may be agreed upon by the respective 
parties.* 

Investigation and Prosecution. 

§ 2. It shall be the duty of the mine inspector to 
ascertain whether or not the provisions of section 1 

*The payment of compensation under contract by different 
means or upon a different basis than that specified in the 
act constitutes no violation of this statute. Whitebreast 
Fuel Co. v. People (1809), 175 Ill. 51, 55. 



83 


of this Act are being complied with in his district, 
and if he shall find that any corporation, company, 
firm or individual are violating the provisions of sec¬ 
tion 1 of this Act, it shall be his duty to at once have 
instituted suit in the name of the People of the State 
of Illinois, in some court of competent jurisdiction, 
for the recovery of the penalty provided for in this 
Act, and it shall be the duty of the State's Attorney 
of the county in which such suit is brought, when 
notified by the mine inspector, to prosecute such suit, 
as provided by law in other State cases. 

Violation, Penalty. 

§ 3. Every corporation, company, firm or individ¬ 
ual violating the provisions of this Act shall be fined 
not less than $25.00 nor more than $200 for each 
offense. 


SHOT FIRERS IN COAL MINES. 

An Act to amend an Act entitled, “An Act providing 
that operators of mines shall furnish shot firers 
in mines where shooting and blasting is done, ap¬ 
proved May 18, 1905, in force July 1, 1905.” 
Approved May 20, 1907, in force July 1, 1907. 
L. 1907, p. 401* 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: 
That an Act entitled, “An Act providing that opera¬ 
tors of mines shall furnish shot firers in mines where 
shooting and blasting is done,” approved May 18, 
1905, in force July 1, 1905, be and the same is 
amended to read as follows: 


♦This law is not amendatory of the Mining act of 1899, 
although it relates to matters which might properly have 
been included in that act. It is an independent act giving 
no right of action for the death of a miner who has been 
fatally injured as a result of shot-firing in a mine. Hol- 
lingsworth v. Chicago & Cartcrville Coal Co. (1909), 243 
111.' 98. 



84 


Shot Fivers, Furnishing. 

§ 2. In all mines in this State where coal is 
blasted, and where more than two pounds of powder 
is used for any one blast; and, also in all mines in 
this State where gas is generated in dangerous 
quantities, a sufficient number Of practical, experi¬ 
enced miners, to be designated as shot firers, shall be 
employed by the company, and at its expense, whose 
duty it shall be to inspect and do all the tiring of all 
blasts, prepared in a practical, workmanlike manner 
in said mine or mines. (Amended by Act approved 
June 27, 1913, in force July 1, 1913. L. 1913, p. 442.) 

Shot Fired, Notice, Record. 

§ 3. The shot firers shall, immediately after the 
completion of their work, post a notice in a conspicu¬ 
ous place at the mine, in which shall be indicated the 
number of shots fired; also the number of shots they 
did not fire, if any, specifying the number of the 
room and designation of the entry, and giving reasons 
for not firing the same. In addition they shall also 
keep a daily permanent record, in which shall be 
entered the number of shots or blasts fired, the num¬ 
ber of shots or blasts failing to explode, and the num¬ 
ber of shots or blasts that in their judgment were not 
properly prepared and which they refused to fire, 
giving reasons for same; the record to be in the cus¬ 
tody of the mine manager and to be available for 
inspection at all times by parties interested. 

Blasting. 

§ 4. The superintendent or mine manager shall 
not permit the shot firers to do any blasting, explod¬ 
ing of shots, or do finy firing whatever until each and 
every miner and employee is out of the mine except 
the shot firers, mine superintendent, mine manager 
and man or men necessarily engaged in charge of the 
pumps and stables: Provided, however, that nothing 
in this section shall be construed to prohibit the 


85 


employment in such mine of a reasonably necessary 
number of men during such time for the purpose of 
securing the workings in case of fire therein. 

Drill Holes, Alteration. 

§ 5. No miner or other person shall alter or 
change any drill hole, by increasing its depth, diam¬ 
eter or otherwise, after the same shall have been 
approved by the shot firer. 

Unlaivful Shots. 

§6. No shot firer, whether voluntarily, or by 
command or request of any person, shall fire any 
unlawful shot, or any shot which in his judgment, 
exercised as aforesaid, from his inspection thereof, 
made as aforesaid, shall not be a workmanlike, 
proper and practical shot. 

Unlawful Shot, Ordering. 

§ 7. No person or persons shall order, command 
or induce by threat or otherwise, any shot firer to fire 
any unlawful shot, or any shot which in his judg¬ 
ment, after due inspection, shall not be a workman¬ 
like, proper and practical shot. 

No person shall drill or shoot a dead hole as 
hereinafter defined. A “dead hole” is a hole where 
the width of the shot at the point measured at right 
angles to the line of the hole is so great that the heel 
is not of sufficient strength to at least balance the 
resistance at the point. The heel means that part of 
the shot which lies outside of the powder. (Amended 
by Act approved June 27, 1913, in force July 1, 1913. 
L. 1913, p. 442.) 

Violations, Penalty. 

§ 8. Any willful neglect, refusal or failure to do 
the things required to be done by any section, clause 
or provision of this Act on the part of the person or 
persons herein required to do them, or any violation 


86 


of any of the provisions or requirements thereof, or 
any attempt to obstruct or interfere with any person 
in the discharge of the duties herein imposed upon 
them, or any refusal to comply with the provisions of 
this Act, shall be deemed a misdemeanor, punishable 
by a fine not less than one hundred dollars and not 
to exceed two hundred dollars, or by imprisonment in 
the county jail for a period not exceeding three 
months, or both, at the discretion of the court: 
Provided, that whoever shall discover that any sec¬ 
tion of this Act, or part thereof, is being neglected or 
violated shall report the same to the superintendent 
of the mines and ask immediate compliance there¬ 
with ; and in case of a continued failure to comply 
shall, through the State’s Attorney, or any other 
attorney in case of his failure to act promptly, take 
the necessary legal steps to enforce compliance here¬ 
with, through and by means of the penalties herein 
prescribed. 

FIRE FIGHTING EQUIPMENT IN COAL MINES. 

An Act to require fire fighting equipment and other 
means for the prevention and controlling of fires 
and the prevention of loss of life from fires in 
coal-mines. Approved and in force March 8, 
1910. L. 1910, p. 8Jj. 

Fire Fighting Equipment, Requirements. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: 
On and after July 1, 1910, except as hereinafter in 
section 6 of this Act is provided, the following re¬ 
quirements for fire fighting equipment and other 
means for the prevention and controlling of fires and 
the prevention of loss of life from fires in coal mines 
shall be strictly observed by all persons, firms, corpo¬ 
rations or associations maintaining and operating a 
coal mine will tin the State of Illinois. (Amended by 


87 


Act approved June 23, 1915, in force July 1, 1915. 
L. 1915, p. 522.) 

Water Supply, Hose Connections, Automatic Sprink¬ 
ler, Water Barrels, Chemical Fire Extinguishers. 

§2. (a) There shall be provided a supply of 
water for fighting fire underground which shall have 
a head from a standing body in a pipe, tank or pond. 

(b) Such water supply shall be conducted into 
the mine in an iron or steel pipe or pipes not less than 
two inches in diameter, which shall have not less than 
two hose connections at the bottom of the hoisting 
shaft, and two hose connections at the bottom of the 
air and escapement shaft designated as such under 
the law, and two hose connections in each stable 
which is located less than five hundred (500) feet 
from the bottom of either of said shafts; and there 
shall be iron or steel pipes not less than two inches 
in diameter in the entries and passageways leading 
from the bottom of each of said shafts to such extent 
and such position that with one (1) fifty-foot length 
of hose the water may be carried into all such entries 
and passageways within three hundred (300) feet 
from the bottom of each of said shafts and into the 
corresponding area in slope and drift mines, such 
area to be designated in this Act as the fire protected 
area. 

(c) Provided, that in mines having one hundred 

and twenty-five (125) feet or less head at the bottom 
of the incoming supply pipe, the incoming pipes and 
the pipes having hose connections shall be not less 
than three (3) inches in diameter. The pipe in the 
mine shall have hose connections not more than fifty 
(50) feet apart beginning at the bottom of the incom¬ 
ing supply pipe or pipes. t 

(d) There shall be kept constantly on hand at 
the bottom of each shaft where hose connections are 
required, in condition for immediate use, not less than 
two (2) fifty (50) foot lengths of one and one-half 


88 


(1%) inch inside diameter linen hose or rubber lined 
cotton hose, which shall have been tested to a pres¬ 
sure of two hundred (200) pounds to the square 
inch; all of such hose and connections therefor on the 
suppiy pipes shall have American standard iron pipe 
threads. The nozzles on such hose shall be not less 
than three-eighths (%) nor more than five-eighths 
(%) inch in diameter. 

(e) Where any part of any passage or other 
excavation within one hundred and fifty (150) feet 
of the bottom of the hoisting shaft or the air and 
escapement shaft designated as such under the law 
and in the corresponding area in slope or drift mines 
is timbered with cribbing or more than one layer of 
lagging not including caps or wedges, above the cross¬ 
bars, there shall be two lines of automatic sprinklers 
on the under side of such timbering, attached to not 
less than one and one-half (1%) inch pipes connected 
with the fire fighting water supply, and such sprink¬ 
lers shall not be more than ten (10) feet apart. 

(f) In cribbing or lagging as last aforesaid, 
which is more than three (3) feet in vertical thick¬ 
ness, there shall be also, as near the top thereof as 
is practicable, automatic sprinklers connected with 
the water supply as last aforesaid and there shall be 
one such sprinkler for each eight (8) feet square or 
horizontal area of such cribbing or lagging. 

(g) In every underground stable, located within 
one thousand (1,000) feet of the hoisting shaft or the 
air and escapement shaft designated as such under 
the law, there shall not be less than one (1) auto¬ 
matic water sprinkler for each area eight (8) feet 
square in said stable; such automatic sprinklers 
shall be connected with iron or steel pipes not less 
than one and one-half (1^) inches in diameter along 
the roof or ceiling in the stable, which shall be con¬ 
nected with the fire fighting water supply. 

(h) All automatic sprinklers shall be of the 
fusible plug type and shall not require a tempera- 


89 


ture of more than one Hundred and sixty-five (165) 
degrees Fahrenheit to release the water. 

(i) In all underground stables other than those 
heretofore in this Act referred to, there shall be kept 
barrels full of water and two metal pails with each 
barrel. Such barrels shall be not more than fifty 
(50) feet apart, and there shall not be less than two 
(2) barrels full of water and two (2) metal pails 
with each barrel in each entry or passageway into 
which such stable opens and not more than fifty 
(50) feet from the opening of the stable. 

(j) There shall also be one (1) not less than 
two and one-lialf (2%) gallon chemical fire ex¬ 
tinguisher, or its equivalent, as approved by the 
Department of Mines and Minerals, and two (2) not 
less than six (G) gallon hand pump buckets in each 
stable and in each entry or passageway into which 
such stable opens not more than fifty (50) feet from 
the opening of such stable: Provided, that in mines 
employing ten (10) men or less underground, the 
chemical fire extinguishers shall not be required. 
Such chemical fire extinguishers and hand-pump 
buckets shall be kept filled and ready for use. 

(k) Provided, however, that in coal mines in 
which less than ten (10) men are employed, in which 
there are no stables, in lieu of said water supply with 
pipes and hose, there may be substituted the follow¬ 
ing: There shall be kept within the fire protected 
area in each such mine, barrels full of water not more 
than fifty (50) feet apart, and with each barrel there 
shall be two metal buckets; and there shall also be 
kept within said area not less than six (6) hand- 
pump buckets of not less than six (G) gallons 
capacity, and said buckets shall be kept filled and 
ready for use. 

(l) A barrel within the meaning of this Act 
shall be any substantial vessel holding not less than 
fifty (50) gallons. 

(m) All mines shall have at least one, not less 


90 


than two and one-half (2%) gallon chemical fire 
extinguisher, or its equivalent as approved by the 
Department of Mines and Minerals, and one not less 
than six (6) gallon liand-pump bucket, including 
those hereinbefore in this Act required, for each fifty 
(50) employees in the mine with a minimum of six 
(6) extinguishers and six (G) pump buckets, kept at 
convenient places designated by the mine manager 
throughout the mine, and three (3) fire extinguish¬ 
ers of two and one-half (2 %) gallons each, or its 
equivalent as approved by the Department of Mines 
and Minerals, in each building located within one 
hundred (100) feet of any shaft, drift or slope, and 
such extinguishers shall be recharged once every six 
months and a record made of the date of recharging 
in the mine examiner's report book: Provided, this 
does not apply to buildings constructed of fireproof 
material. Such extinguishers and buckets shall be 
kept filled and ready for use: Provided, that in 
mines employing ten (10) men or less underground, 
the chemical fire extinguishers shall not be required. 
(Amended by Act approved June 27, 1917, in force 
July 1, 1917. L. 1917, p. 596.) 

Drainage, Water Pressure. 

§ 3. During the cold weather months the water 
pipes shall be kept drained, but the supply must be 
kept so that by opening a valve easily accessible on 
top, the water will be promptly available at all times 
in the supply pipes underground. The water pressure 
in said pipes to which hose is to be connected shall 
not be less than twenty-four (24) pounds per square 
inch, nor more than seventy (70) pounds per square 
inch at a point not less than two hundred and fifty 
(250) feet from the bottom of the shaft or the corre¬ 
sponding position in slopes and drifts; and there shall 
be a pressure gauge with dial at said point. When 
the water pressure in the pipes leading into the mine 
is higher than seventy (70) pounds per square inch at 


91 


the pressure gauge, there shall be a valve on the in¬ 
coming supply pipe to control the pressure into the 
branch pipes in the mine, and there shall be a shut-off 
valve on every branch pipe at the connection of such 
pipe with the pipe from which it leads. 

Underground Stables; Hay , Bedding and Feed; Light. 

§4. (a) No underground stable, unless so con-- 
structed as to be fireproof throughout, shall be 
nearer than six (6) yards to any regular traveling 
way, and every underground stable shall have at each 
opening a fireproof door with a door frame of con¬ 
crete, stone or brick laid in mortar. 

(b) Every such stable, which contains more than 
ten (10) stalls, shall have a cement or brick parti¬ 
tion, with a fireproof door therein, for each ten (10) 
stalls or less; or, in lieu of said partition, the stable 
shall be lined with cement plaster or wire lathing or 
other fireproof material, where inflammable material 
is exposed. 

(c) All hay, bedding and feed underground, ex¬ 
cept that in the mangers and stalls, shall be kept in 
a closed cement, brick, stone or metal receptacle; and 
not more than forty-eight (48) hours’ supply of hay 
or bedding shall be kept underground, and not more 
than one week’s supply of grain. 

(d) All hay and bedding taken into the mine 
shall be baled. Hay, bedding and feed shall be taken 
into the mine only in a closed car or box, which shall 
be kept closed until the materials are removed to the 
receptacles provided therefor. 

(e) No light with an unprotected flame shall be 
taken into an underground stable by any person. 
(Amended by Act approved and in force June 7, 
1911. L. 1911, p. 419.) 

Telephone Lines , Notice of Hanger, Rules and In¬ 
structions, Fire Drill. 

§5. (a) There shall be a system of party line 


92 


telephones which shall include one telephone on the 
surface not more than two hundred (200) feet from 
the tipple, and one at the bottom of the hoisting shaft, 
or, in slope or drift mines at the first cross entries in 
operation; and, in addition thereto, there shall be one 
telephone at each inside parting. Telephone lines 
shall be constructed in a workmanlike manner and 
•shall be repaired promptly when necessary. 

(b) On becoming aware of any serious danger 
requiring the inside employees to come out of the 
mine, it shall be the duty of the person having 
charge of the outside or inside telephone immediately 
to give notice of the danger to the other telephone 
stations; and it shall be the duty of all persons who 
receive information thereof to cooperate in giving 
notice thereof to all other persons in the mine. It 
shall be the special duty of all drivers, motormen, and 
trip riders to notify all other drivers, motormen, trip 
riders or miners from whom they haul coal, of any 
danger requiring them to leave the mine. 

(c) Certain employees whose regular work is in 
or near the fire protected areas shall have graded 
authority and designated duties in case of fire; and 
rules and instructions therefor shall be included in 
the regular rules of the mine, and such employees 
shall be instructed therein by the mine manager. 

(d) There shall be a fire drill of such employees 
not less often than once in two weeks, and the pipes, 
connections and hose shall be tested at such drills. 
(Amended by Act approved June 7, 1911. L. 1911, p. 
419.) 

Fire-proof Construction. 

§ 6. The following requirements also shall apply 
to all coal mines developed within the State of Illi¬ 
nois after the passage of this Act: Provided , that 
paragraphs (a) and (b) shall not apply to mines 
where ten (10) men or less are employed. 


93 


(a) The hoisting shaft and the air and escape¬ 
ment shaft designated as such under the law in shaft 
mines and the air and escapement shaft nearest the 
main opening in slope or drift mines, shall be of fire¬ 
proof construction except that cage guides may be 
wood. All drifts and slopes that are opened after the 
passage of this Act must be of fireproof construction 
for a distance of three hundred (300) feet from the 
entrance: Provided, that this section shall not apply 
to shafts in actual course of construction at the time 
this Act takes effect. 

(b) The roof and walls of the passageways lead¬ 
ing from the bottom of the hoisting shaft and the air 
and escapement shaft designated as such under the 
law, within a distance of three hundred (300) feet 
from the bottom of either of said shafts, shall be of 
fireproof construction, except that the coal rib or 
pillar may be used as a wall in such passageways. 

(c) All underground stables and the openings 
therein shall be of fireproof construction. 

Stables in mines opened after the passage of this 
Act shall not be located between the main and escape¬ 
ment shaft, or in direct line on the ventilating current 
or on passageways leading to the escapement shaft or 
shafts. 

(d) At mines constructed in conformity with the 
requirements of this section of this Act, the fire¬ 
fighting equipment described in section 2, and the fire 
drill described in section 5 of this Act shall not be 
required, except that there shall be kept at convenient 
places designated by the mine manager, throughout 
each mine, one not less than two and one-half (2 y 2 ) 
gallon chemical fire extinguisher, or its equivalent 
as approved by the Department of Mines and Min¬ 
erals, and one not less than six (6) gallon hand-pump 
bucket, for each fifty (50) employees in the mine with 
a minimum of six (6) extinguishers and six (6) 
pump buckets, and such extinguishers and buckets 
shall be kept filled and ready for use: Provided, that 
in mines employing ten (10) men or less underground, 
the chemical fire extinguishers shall not be required. 


94 


(Amended by Act approved June 27, 1917, in force 
July 1, 1917. L. 1917, p. 596.) 

Violations , Complaints, Penalties. 

§ 7. (a) Any willful neglect, refusal or failure to 
obey the requirements or provisions of this Act, or 
willfully giving a false danger signal or tampering 
with any of the appliances required by the provisions 
of this Act, shall be deemed a misdemeanor, punish¬ 
able by a fine of not less than fifty dollars ($50) and 
not to exceed two hundred dollars ($200), or by im¬ 
prisonment in the county jail for a period not exceed¬ 
ing three (3) months, or both, in the discretion of the 
court. 

(b) Upon final conviction of any mine manager 
or any miner, under the provisions of this Act, his 
certificate of competency shall be thereby invalidated; 
and it shall be the duty of the State Mining Board 
in the case of a mine manager or the miner's examin¬ 
ing board which shall have issued such certificate in 
the case of a miner, to cancel and revoke the certifi¬ 
cate of competency of the person so convicted; and 
such person shall not be entitled to receive another 
certificate of competency within three (3) months 
from the date of such cancellation and revocation. 

(c) If any State Mine Inspector, or any county 
mine inspector shall find that any provision of this 
Act is being violated, it shall be his duty to file a 
sworn complaint before any court of competent juris¬ 
diction, stating the facts within his knowledge in 
such case and asking that the person charged with 
such violation be bound over to the next grand jury 
for said county; and it shall be the duty of the State’s 
Attorney for the county in which such violation occurs 
to prosecute such complaint as provided by law in 
other State cases. 

Each county mine inspector shall report at least 
once a month to the State Mine Inspector for the dis¬ 
trict in which said county mine inspector is working, 


stating the mines he has examined, the violations of 
this Act which he has discovered and the complaints 
he has filed under the provisions of this Act. 

(d) If the county mine inspector shall fail to file 
a complaint, as herein required, of a violation of this 
Act which he shall have reported to the State Mine 
Inspector, and in all other cases of violation of this 
Act which shall have come to the knowledge of a 
State Mine Inspector in the discharge of his duties it 
shall be the duty of such State Mine Inspector to file 
a sworn complaint before any court of competent 
jurisdiction, stating the facts reported to him, by the 
county mine inspector, or coming to his knowledge in 
the discharge of his duties, and asking that the person 
charged with such violation be bound over to the next 
grand jury for said county; and it shall be the duty 
of the State’s Attorney for the county in which such 
violation occurs to prosecute such complaint as pro¬ 
vided by law in other State cases. 

(e) If any State Mine Inspector or any county 
mine inspector shall willfully fail, neglect or refuse to 
file a complaint as herein required, or shall willfully 
disregard the duties required of him by the provisions 
of this Act, a sworn complaint may be filed by any 
person having knowledge of the facts, before any 
court of competent jurisdiction, charging said county 
mine inspector or said State Mine Inspector, as the 
case may be, with nonfeasance in office and asking 
that such inspector be bound over to the next grand 
jury for said county, and the State’s Attorney for the 
county in which such violation occurs shall prosecute 
such complaint as provided by law in other State 
cases. 

Upon final conviction for nonfeasance in office 
under the provisions of this Act, of any State Mine 
Inspector or any county mine inspector, liis certificate 
of qualification or of competency, as the case may be, 
shall be thereby invalidated and he shall become dis¬ 
qualified from holding such office, and such person 


96 


shall not be entitled to receive another certificate of 
qualification or of competency, as the case may be, 
within three (3) months from the date of such final 
conviction. (Amended by Act approved June 7, 1911, 
in force July 1, 1911. L. 1911, p. 419.) 

RESCUE STATIONS IN COAL FIELDS. 

An Act to establish and maintain in the coal fields of 

Illinois mine fire fighting and rescue stations. 

Approved March 4, 1910, in force July 1, 

1910. Title amended by Act approved June 5, 

1911, in force July 1, 1911, L. 1910 1 , p. 2, and L. 

1911, p. m. 

Rescue Stations, Number. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That for the purpose of providing prompt and 
efficient means of fighting mine fires and of saving 
lives and property jeopardized by fires, explosions or 
other accidents in coal mines in Illinois, there shall be 
constructed, equipped and maintained at public ex¬ 
pense three rescue stations to serve the northern, the 
central and the southern coal fields of the State. 

Commission, Appointment, Compensation. 

§ 2. The Governor shall appoint a commission, 
consisting of seven members, including two coal mine 
operators, two coal miners, one State Mine Inspector, 
and one representative of the Department of Mining 
at the University of Illinois, and one representative of 
the Federal Bureau of Mines. Said commission shall, 
within ten days after their appointment, meet and 
organize by electing one of their number chairman 
and another secretary of said commission, who shall 
hold their respective offices for a period of one year 
from the date of their election and until their suc¬ 
cessors are elected and qualified. Members of the 


97 


said commission shall receive ten dollars ($10.00) 
per day for services rendered, not to exceed twenty-five 
(25) days during any one year, and all members of 
said commission shall be reimbursed for actual ex¬ 
penses while engaged in official work, approved by 
the commission; which commission shall be respon¬ 
sible for the proper carrying out of the provisions of 
this Act. (Amended by Act approved June 5, 1911, 
in force July 1, 1911. L. 1911, p. 424.)* 

Station, Sites, Cooperation. 

§ 3. The said commission shall provide or pur¬ 
chase or accept as a gift, suitably located sites for the 
stations, temporary and permanent quarters and suit¬ 
able equipment and materials for the work: Provided, 
hoioever, that the total cost of the equipment and 
maintenance of the service to July 1, 1911, shall not 
exceed seventy-five thousand (75,000) dollars. The 
said commission shall further arrange for coopera¬ 
tion in the work with mine owners, miners and State 
and Federal organizations so as to render the service 
of the utmost efficiency. 

Plans, State Architect. 

§ 4. The State Architect shall, as provided by 
law, furnish plans and specifications for suitable 
buildings as required by said commission. 

Superintendents and Assistants, Number, Appoint¬ 
ment, Instructions. 

§ 5. The said commission shall appoint for each 
station a superintendent and assistant. Each ap¬ 
pointee shall serve for a term of two years and until 
his successor is appointed and qualified, unless sooner 
discharged by the said commission. Each appointee 
before entering upon the duties of his office shall take 


♦Note —This Commission, Supt., etc., abolished. Rights, 
powers, etc., transferred to Dept, of Mines and Minerals. 
See ch. 24*4 Secs. 35 and 45. Hurd’s Revised Statute, 1917. 



98 


and subscribe to the oath of office as provided by law. 
The commission shall have authority to pay for such 
assistants as may be needed in giving instruction in 
first aid to the injured and similar technical subjects, 
and such other assistants as may be needed from 
time to time to properly carry on the work of said 
rescue stations and such rescue cars and sub-stations 
as may be installed in connection with said stations, 
but not more than two extra assistants shall be em¬ 
ployed for each rescue car. (Amended by Act ap¬ 
proved June 23, 1915, in force July 1, 1915. L. 1915, 
p. 527.) 

Salaries. 

§ (>. Each station superintendent shall receive one 
hundred and twenty-five dollars per month; and each 
station assistant one hundred dollars per month; and 
each appointee shall receive his necessary and actual 
expenses. (Amended by Act approved June 23, 1915, 
in force July 1, 1915. L. 1915, p. 527.) 

Commission , Duty. 

§ 7. The said commission shall supervise the work 
at each of the three stations, shall purchase necessary 
supplies, and shall keep a complete record of all 
operations and expenditures and an invoice of all 
supplies on hand. The commission shall provide that 
at each station some representative shall be on duty 
or within call at all hours of the day and night for 
each day of the year. (Amended by Act approved 
June 23, 1915, in force July 1, 1915. L. 1915, p. 527.) 

Superintendents , D u ty. 

§ 8. Whenever the superintendent of any station 
shall be notified by any responsible person that an ex¬ 
plosion or accident requiring his services has occurred 
at any mine in the State, he shall proceed immediately 
with suitable equipment and on arrival at the said 
mine shall superintend the work of the rescue corps in 


99 


saving life and property; and he shall cooperate with 
the State Mine Inspector and the management of the 
mine in the rescue work to such extent as is neces¬ 
sary for the protection of human life in the mine, 
during such time as members of the rescue corps are 
under ground and while there is reasonable expecta¬ 
tion that men entombed in the mine may be alive. 
(Amended by Act approved June 23, 1915, in force 
July 1, 1915. L. 1915, p. 527.) 

Biennial Report. 

§ 9. The commission shall prepare a biennial re¬ 
port to the Governor and the General Assembly with 
necessary illustrations showing the work performed 
and money expended by the mine rescue service; and 
the State Board of Contracts is hereby directed to 
print and bind said reports promptly, and to provide 
all necessary printing for the mine rescue commission 
out of the appropriations for such board of contracts. 
The Secretary of State shall assign to the use of the 
commission suitably furnished rooms in the State 
House, and shall also furnish whatever blanks, blank 
books, printing, stationery, instruments and supplies 
the commission may require in the discharge of its 
duties and for use of its employees. (Amended by 
Act approved June 27, 1913, in force July 1, 1913. L. 
1913, p. 433.) 

Appropriation. 

§ 10. To carry into effect the provisions of this 
Act, there is hereby appropriated the sum of seventy- 
five thousand dollars ($75,000.00) of any money in 
the hands of the State Treasurer not otherwise appro¬ 
priated ; and the Auditor of Public Accounts is hereby 
directed to draw his warrants on the Treasurer on 
receipt of vouchers, properly certified by the chairman 
and secretary of said commission and approved by 
the Governor. 


100 


MINERS’ EXAMINING BOARD. 

An Act to provide for the safety of persons employed 
in and about coal mines, and to provide for the 
examination of persons seeking employment 
therein in order that only competent persons may 
be employed as miners, and to ci'eate a board of 
examiners for this purpose and to provide a pen¬ 
alty for the violation of the same, and to repeal 
an Act entitled, “An Act to amend an Act en¬ 
titled, l An Act to provide for the safety of persons 
employed in and about coal mines and to provide 
for the examination of persons seeking employ¬ 
ment as coal miners, and providing penalties for 
the violation of the same, approved June 1, 1908, 
in force July 1, 1908,’ approved June 5, 1909, in 
force July 1, 1909.” Approved June 21, 1913, in 
force July 1, 1913. L. 1913, p. 1,38. 

Certificate of Competency, Duplicates. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assembly: 
That hereafter no person shall be employed or en¬ 
gaged as a miner in any coal mine in this State with¬ 
out having first obtained a certificate of competency 
and qualification so to do from the “Miners’ Examin¬ 
ing Board” of this State, created by this Act. Miners 
who now hold certificates heretofore issued by any 
board of county mine examiners of this State may be 
permitted on or before July 1, 1916, to produce before 
the Miners’ Examining Board created by this Act, 
such county mine examiners’ board certificate, or if 
the same shall have been lost or destroyed, satisfac¬ 
tory evidence of its issuance; thereupon, such miner 
shall be entitled to receive from the Miners’ Examin¬ 
ing Board created by this Act, the certificate herein 
provided for, which substitute certificate shall be 
issued without cost to said miner. After the first day 
of July, 1916, no miner’s certificate of competency or 


101 


qualification shall be recognized in this State, except 
those which have been or may be hereby issued by the 
Board created by this Act: 

Provided, however, that any such certified miner 
may have one person working with him and under his 
directions as an apprentice for the purpose of learn¬ 
ing the business of mining and becoming qualified to 
obtain a certificate in conformity with the provisions 
of this Act. (Amended by Act approved June 29, 
1915, in force July 1, 1915. L. 1915, p. 525.) 

Miners' Examining Board, Appointment, Etc. 

§2. (Repealed by implication. See Civil Admin¬ 
istrative Code.) 

Commissioners' Qualifications, Salary and Expenses. 

§ § 3 and 4. (Repealed by implication, as above.) 

Organization, Secretary, Duties. 

§ 5. Immediately after the appointment or reap¬ 
pointment of a commissioner in each and every year, 
the said board shall organize by selecting one of its 
members president and another secretary for the en¬ 
suing year, and all records, reports, books, papers and 
other property pertaining to the office of said board 
shall be kept by the secretary. The secretary shall be 
provided with a seal with proper device and on the 
margin thereof shall be the words, “Miners’ Examin¬ 
ing Board, State of Illinois.” 

Examinations, Time and Place, Notice. 

§ 6. Such board shall hold an examination once in 
each calendar month, in at least twelve places located 
most conveniently with reference to the districts in 
which coal is mined in the State of Illinois so that all 
persons in such district or in this State, or who may 
wish to come into this State, for the purpose of en¬ 
gaging in mining, may be examined as to their com¬ 
petency and qualifications. Public notice of said ex- 


102 


animations shall be given through the press or other¬ 
wise in the discretion of the board, not less than 
seven days in advance of such meeting, which notice 
shall fix the time and place at which any examina¬ 
tion under this Act is to he held. (Amended by Act 
approved June 29, 1915, in force July 1, 1915. L. 1915, 
p. 525.) 


Fees. 

§ 7. Each applicant for the certificate provided 
for herein shall pay a fee of $2 to said board. Fees so 
collected during each month shall, before the 10th day 
of the following month, be paid by the board to the 
State Treasurer, together with a report showing where 
and from whom each fee was collected. 

Examinations, Certificates, Record. 

§ 8. All examinations held by said “Miners’ Ex¬ 
amining Board” shall be conducted in the English 
language and shall be of a practical nature so as to 
determine the competency and qualification of the ap¬ 
plicant to engage in the business of mining. Said 
board shall examine under oath all persons who 
apply for certificates as to their previous experience 
as miners and shall grant certificates of competency 
or qualification to such applicants as are qualified, 
which certificates shall entitle the holder thereof to 
be employed as and to do the work of miners in this 
State. No certificate of competency shall issue or be 
given to any person under this Act unless he shall 
produce evidence of having had not less than two 
years’ practical experience as a miner or with a 
miner, and in no case shall an applicant be deemed 
competent unless he appear in person before said 
board and orally answer intelligently and correctly at 
least twelve practical questions propounded to him by 
the board pertaining to the requirements and qualifi¬ 
cations of a practical miner. Said board shall keep 
an accurate record of its proceedings and meetings 


and in said record shall show a correct detailed ac¬ 
count of the examination of each applicant with ques¬ 
tions asked and their answers, and at each of its 
meetings the hoard shall keep said record open for 
public inspection. No miners’ certificate granted 
under the provision of this Act shall he transferable 
and any effort to transfer the same shall he deemed 
a violation of this Act. Such certificates shall he 
issued only at meetings of said board and said certifi¬ 
cates shall not he legal unless signed by at least two 
members of said board and sealed with the seal of the 
board issuing such certificates. 

Annual Report. 

§ 9. Said board shall annually on the first day of 
March report to the Governor, in writing, what exam¬ 
inations it has held and what work it has done during 
the preceding year, together with such recommenda¬ 
tions as it may deem advisable for the improvement 
of the method of holding examinations and carrying 
out the purposes of this Act. 

Violations, Penalties. 

§ 10. No person shall hereafter engage as a miner 
in any coal mine without having obtained a certificate 
of qualification as provided for in this Act, nor shall 
any person, firm, or corporation employ as a miner in 
his, their or its mine in this State, any person who 
does not hold such certificate, nor shall any mine fore¬ 
man, overseer, or superintendent permit or suffer 
any person to he employed under him or in any mines 
under his charge or supervision as a miner in any 
mine in this State, except as herein provided, who 
does not hold such certificate of qualification. Any 
person, firm or corporation who shall violate or fail 
to comply with the provisions of this Act, shall be 
deemed guilty of misdemeanor and on conviction 
thereof shall be fined in any sum not less than one 
hundred dollars ($100), and not more than five liun- 


104 


dred dollars ($500), or shall be imprisoned in the 
county jail for a term of not less than thirty days, 
nor to exceed six months, at the discretion of the 
court. 

Complaints and Prosecution. 

§ 11. It shall be the duty of said “Miners’ Exam¬ 
ining Board” to report all complaints or charges of 
non-compliance with, or violation of the provisions of 
this Act to the State’s attorney of the county in which 
such non-compliance or violation occurs, and it shall 
be the duty of the State’s attorney of the county 
wherein the complaints or charges are made, to 
investigate the same and prosecute all persons so 
offending. 

Oatli, Perjury. 

§ 12. In order to more effectively carry out the 
intention and purposes of this Act, the “Miners’ Ex¬ 
amining Board” shall have power to administer oaths 
to any and all persons who are applicants or may 
vouch in any manner for the service or qualification 
of any applicant in order to obtain for him a certifi¬ 
cate hereunder, and any person who shall wilfully 
swear or falsely testify as to any matter material to 
such examination or as to the service or qualification 
of any applicant, shall be deemed guilty of perjury 
and shall be subject to the penalties thereof as pre¬ 
scribed by the criminal code of this State. 

Removal of Commissioners. 

§ 13. The Governor shall have the power and 
authority to remove any of said commissioners for 
neglect of duty, incompetency, or malfeasance in 
office, and upon such removal shall appoint a suc¬ 
cessor. 

Invalidity. 

§ 14. The invalidity of any section or part of this 
Act, shall in no manner affect the validity of any 


105 


other part of this Act, exclusive of such invalid 
part or parts, if any. 

Repeal. 

§ 15. That an Act entitled, “An Act to amend an 
Act entitled, ‘An Act to provide for the safety of per¬ 
sons employed in and about coal mines, and to pro¬ 
vide for the examination of persons seeking employ¬ 
ment as coal miners, and providing penalties for the 
violation of the same, approved June 1, 1908,’ ap¬ 
proved June 5, 1909, in force July 1, 1909,” be and the 
same is hereby repealed. 

OIL AND GAS WELLS AND LEASES. 

An Act to amend an Act entitled, “An Act in relation 
to sinking, filling and operating of oil or gas 
wells, approved and in force May 16, 1905.” Ap¬ 
proved and in force June 7, 1911. L. 1911, p. 426. 
Section 1. Be it enacted by the People of the 

State of Illinois, represented in the General Assem¬ 
bly: That an Act entitled, “An Act in relation to sink¬ 
ing, filling and operating of oil or gas wells, approved 
and in force May 16, 1905,” be and the same is hereby 
amended to read as follows: 

Wells, Distance. 

§ 1. No oil or gas well shall be drilled hereafter 
nearer than 250 feet to any opening to a mine used as 
a means of ingress or egress for the persons employed 
therein or which is used as an air shaft. 

Statement, Map, Record. 

§ 2. It shall be the duty of any person, firm or 
corporation having the custody or control of any well 
drilled for gas or oil, and of the owner of the land in 
which such well is drilled, when the drill hole pene¬ 
trates a coal seam, to file in the office of the recorder 
of the county in which said oil or gas well is drilled. 


106 


and in the office of the State Mining Board, within 
fifteen days after completing said well, a statement 
and map giving the location and depth of every well 
so drilled and the county recorder shall file and enter 
and index the same in the records of his office relating 
to the titles to real property. 

Abandoned Well , Plugging. 

§ 3. Before the casing shall be drawn from any 
well for the purpose of abandonment thereof, which 
has been drilled into any gas or oil bearing rock, it 
shall he the duty of any person, firm or corporation 
having the custody or control of such well at the time 
of such abandonment, and also the owner or owners 
of the land wherein such well is situated, to properly 
and securely stop and plug the same in the following 
manner: Such hole first be solidly filled from the 
bottom thereof to a point at least twenty feet above 
such gas or oil bearing rock with sand, gravel or 
pulverized rock, immediately on the top of which fill¬ 
ing shall be seated a dry wood plug not less than two 
feet in length, having a diameter of not less than one- 
fourtli of an inch less than the inside diameter of the 
casing in such well. And above such wooden plug 
such well shall be solidly filled for at least twenty-five 
feet with the above mentioned filling material, im¬ 
mediately above which shall be seated another wood 
plug of the same kind and size as above provided, and 
such well shall again be solidly filled for at least 
twenty-five feet above such plug with such filling ma¬ 
terial. After the casing has been drawn from such 
well there shall immediately be seated at the point 
where such casing was seated a cast iron ball or 
tampered wood plug at least two feet in length, the 
diameter of which ball or the top of which wood plug 
shall be greater than that of the hole below the point 
where such casing was seated, and above such ball or 
plug such well shall be solidly filled to top of well 
with the aforesaid material. 


107 


Affidavit of Plugging, Recording. 

§ 4. The person, firm or corporation owning or 
having control or custody of any such well, or the 
land in which any such well is situated shall tile or 
cause to be filed in the office of the recorder of the 
county in which any such well is located, within 
fifteen days after the same has been plugged, as pro¬ 
vided in section 3, the affidavit of at least two per¬ 
sons who were present during the plugging of such 
well, which affidavit shall be recorded in the record 
books in the office of the recorder of such county, and 
shall set out in detail the manner in which such well 
was plugged and the depth of each such wood plugs 
and iron ball below the surface of the ground, and the 
record of such affidavit shall be prima facie evidence 
in any court of a compliance with the provisions of 
this Act. 

Fresh Water, Casing Off. 

§ 5. It shall be the duty of any person, firm or 
corporation sinking a well in any oil or gas bearing 
rock, or having sunk such well and maintaining the 
same, to case off and keep cased off all fresh water 
from such well. 

Violations, Penalties. 

§ 0. Any person, firm or corporation violating the 
provisions of section 1, or failing to comply with the 
provisions of section 2 of this Act, or who shall fail 
or refuse to plug a well in the time and manner pro¬ 
vided in section 3 of this Act, or shall fail or neglect 
to secure and file in the proper recorder’s office the 
affidavit provided for and required in section 4 of this 
Act, or shall fail and neglect to properly case off 
fresh water from such well and keep the same cased 
off while said well is maintained, as provided in sec¬ 
tion 5 of this Act, shall be liable to a penalty of one 
hundred dollars ($100) for each and every violation 
thereof, and the further sum of one hundred dollars 


108 


($100) for each ten days during which such violation 
shall continue, and all such penalties shall be recover¬ 
able in a civil action brought in any court of com¬ 
petent jurisdiction in any county in which said viola¬ 
tion occurred, brought in the name of the State of 
Illinois on the relation of such county, and for the 
use and benefit of such county, and in all such cases, 
if there be recovery by the State, it shall recover in 
addition to such penalties a reasonable attorney’s fee. 
§ 7. (Emergency.) 

RELEASE OF FORFEITED MINERAL RIGHTS. 

An Act for the purpose of requiring lessee, his, her or 
their heirs, representatives, successors or assigns 
to release of recoi'd coal and other mineral 
leases, when forfeited, and providing a penalty 
for failure, refusal or neglect so to do. Beoame a 
law without the Governor's approval July 12, 
1913, in force July 1, 1913. L. 1913, p. 437. 

Forfeited Coal or Mineral Lease, Release, Recording. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: When any lease on land heretofore or hereafter 
taken for the purpose of prospecting for coal or other 
mineral, or for the purpose of mining the coal or 
other mineral from said land, so leased, shall become 
forfeited by the terms of said lease or the acts of said 
lessee, his, her, or their heirs, representatives, suc¬ 
cessors or assigns, it shall be the duty of said lessee, 
his, her, or their heirs, representatives, successors or 
assigns, within sixty days from the time this Act shall 
take effect, if such forfeiture take effect prior thereto, 
and within sixty days from the date of forfeiture of 
any and all other leases, to have such lease or leases 
released of record in the county where such land is 
situated, without any cost to the owner or owners of 
the land; and any failure so to do after notice and 


109 


demand shall constitute a misdemeanor and shall sub¬ 
ject the offender to a fine of not more than two hun¬ 
dred dollars. 

Mandamus, Attorney’s Fees. 

§ 2. Whenever the lessee of any coal or other 
mineral lands, or the person, firm, company or corpo¬ 
ration, owning, holding or having control of any such 
lease shall allow the same to become forfeited, or by 
his, her or their acts shall forfeit the same, and shall 
refuse, fail or neglect to cause the same to be released 
of record in the county where said lands are situated, 
the lessor or owner of said lands may begin and main¬ 
tain a civil action to compel said party to release the 
same of record and upon judgment being rendered 
decreeing said lease forfeited and directing the re¬ 
lease, the said lessee, or the person, firm, company or 
corporation owning, holding or controlling said lease, 
shall be decreed to pay all costs accruing by said ac¬ 
tion, including a reasonable attorney fee to be taxed 
as cost. 

REQUIRING RELEASE OF OIL OR GAS RIGHTS 
WHEN FORFEITED. 

An Act for the purpose of compelling oil or gas 
leases , when forfeited, to be released of record 
and providing a penalty therefor. Approved May 
27, 1907, in force July 1 , 1907. L. 1907, p. 400. 

Forfeited Oil or Gas Lease, Release, Recording. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: When any lease on land heretofore or hereafter 
taken for the purpose of prospecting for oil or natural 
gas or operating oil or gas wells upon lands so leased, 
shall become forfeited by the terms of said lease or 
the acts of the lessee, it shall be the duty of the 
lessee, his, her or their successors or assigns within 


110 


sixty days from the date this Act shall take effect, if 
such forfeiture take effect prior thereto, and within 
sixty days from the day of forfeiture of any and all 
other leases, to have such lease or leases released of 
record in the county where such land is situated, 
without any cost to the owner or owners of the land; 
and any failure so to do shall constitute a misde¬ 
meanor and shall subject the offender to a fine of not 
more than two hundred dollars. 

Mandamus, Attorney’s Fees. 

§ 2. Whenever the lessee of any oil or natural gas 
lands or the person, firm, company or corporation, 
only holding or having control of any such lease shall 
allow the same to become forfeited, or by his, her or 
tlieir acts shall forfeit the same, and shall refuse, 
fail or neglect to cause the same to be released of 
record, the lessor, or owner of said, lands, may begin 
a civil action to compel said party to release the same 
of record and upon judgment being rendered decree¬ 
ing said lease forfeited and directing the release, the 
said lessee, or his assigns, shall be decreed to pay all 
costs accruing by such action, including a reasonable 
attorney fee to be taxed as costs. 

REGULATING THE CHARACTER OF PERMIS¬ 
SIBLE EXPLOSIVES. 

An Act to promote the safety of persons and property 
in coal mines by 'regulating the character of per¬ 
missible explosives sold to be used in coal mines. 
Approved June 26, 1913, in force July 1, 

L. 1913, p. 431. 

Permissible Explosives, Specifications. 

Section 1. Be it enacted by the People of the 
Slate of Illinois, represented in the General Assem¬ 
bly: That all permissible explosives for use in blast¬ 
ing coal in the State of Illinois shall conform to the 
following specifications: 


Ill 


(a) All permissible explosives offered for sale in 
(he State of Illinois shall have printed on each 
cartridge and individual package the name of the 
manufacturer, the registered trade mark, brand, grade 
and a statement that it conforms in strength to the 
grade and brand established by the United States 
Bureau of Mines. 

(b) Each shipping case shall have marked on it 
the total weight of explosives contained therein, and 
the average weight, length and diameter of each 
stick contained therein. 

(c) Each shipping case containing permissible 
explosives shall be marked “Permissible Explosives.” 

(d) Each ingredient of a permissible explosive 
shall not vary more than the permitted variation 
established by the United States Bureau of Mines. 

Samples. 

§ 2. State mine inspectors, county mine inspec¬ 
tors, and the accredited representatives of the coal 
operators and coal miners shall have authority to 
sample permissible explosives used for blasting pur¬ 
poses in coal mines in the State of Illinois, or kept on 
hand for sale, or intended for shipment for use in 
such mines, and for such purposes, they may enter 
upon the premises of any person, firm or corporation. 

riace of Testing. 

§ 3. If the State mine inspectors, county mine 
inspectors, or the accredited representatives of the 
coal operators or coal miners shall desire to have said 
samples tested for content, they shall send the same 
to the United States Bureau of Mines for that pur¬ 
pose. 

Testing Samples. 

§ 4. When such samples are intended to be tested 
for content, they must be taken at the mill or ware¬ 
house of the manufacturer or manufacturer’s agent or 


112 


in the railroad car for shipment at said mill or ware¬ 
house or the magazine at the mine, and said samples 
shall be taken in accordance with the rules established 
by the United States Bureau of Mines. 

Violations, Prosecution. 

§ 5. If samples of permissible explosives when 
tested as provided for in this Act shall be found not 
to comply with the provisions herein, the person, firm 
or corporation guilty of violating the provisions of 
this Act shall be prosecuted in accordance with the 
provisions hereof. 

Storing Explosives. 

§ 6. Permissible explosives shall be stored in 
magazines constructed in accordance with plans that 
shall be approved by the State Mine Inspector of the 
district in which the mine is located. 

Magazines, Construction. 

§ 7. Every magazine shall be provided with a 
wooden floor which shall be kept free from grit and 
dirt. If more than one kind of explosive is kept in 
the same magazine, the magazine shall be divided into 
rooms by partitions; the different kinds of explosives 
shall be kept in different rooms, but no detonators, or 
blasting caps, or any device containing fulminating 
composition shall be kept in the same magazine with 
any explosive. All detonators, blasting caps or any 
device containing fulminating composition shall be 
kept separate in a safe and dry receptacle apart from 
any other explosive. 

Mis-stamping , Etc. 

§ 8. Any person, firm or corporation changing 
any stamp, brand, or specification denoting the con¬ 
tents of any package or cartridge shall be subject to 
the penalties provided for herein. 


113 


Penalties. 

§ 9. Any person, firm or corporation who shall 
sell for use in the coal mines in this State any per¬ 
missible explosive not stamped as herein required, or 
who shall knowingly sell for use in coal mines in this 
State any permissible explosive which is untruthfully 
branded or stamped, and any person, firm or corpora¬ 
tion being a manufacturer of permissible explosives, 
or the agent of any such manufacturer of permissible 
explosives, who shall sell for use in any coal mine in 
this State any permissible explosive which shall not 
conform to the requirements of this Act, shall be pun¬ 
ishable by a fine of not exceeding one hundred dollars 
($100) or by imprisonment in the county jail for not 
exceeding ninety (90) days, or both, in the discretion 
of the court: Provided, that nothing in this Act shall 
be construed to apply to permissible explosives 
shipped prior to this Act taking effect. 

REGULATING THE USE OF BLACK POWDER. 

An Act to promote the safety of persons and prop¬ 
erty in coal mines by regulating the character of 
black blasting poicder sold to be used in coal 
mines. Approved June 7, 1911, in force July 1, 
1911. L. 1911, p. 385. 

Black Powder, Specifications. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That black powder for use for blasting in coal 
mines shall conform to the following specifications: 

(a) It shall have specific gravity of not less than 
1.74 nor more than 1.90. 

(b) It shall have a moisture content of not to 
exceed 1 per cent at the time when shipped by the 
manufacturer or his agent. 

(c) Said powder shall be sold for use in coal 
mines only in seven sizes of granulation, to be de¬ 
termined as follows: 


114 


CCC shall be powder which shall pass through 
a screen having round hole perforations of 40/64 of 
an inch in diameter and remain on a screen having 
round hole perforations of 32/64 of an inch in 
diameter. 

CO shall be powder which shall pass through a 
screen having round hole perforations of 36/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 24/64 of an inch in 
diameter. 

C shall he powder which shall pass through a 
screen having round hole perforations of 27/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 18/64 of an inch in 
diameter. 

F shall be powder which shall pass through a 
screen having round hole perforations of 20/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 12/64 of an inch in 
diameter. 

FF shall be powder which shall pass through a 
screen having round hole perforations of 14/64 of 
an inch in diameter and remain on a screen having 

round hole perforations of 7/64 of an inch in 

diameter. 

FFF shall be powder which shall pass through a 
screen having round hole perforations of 0/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 3/64 of an inch in 

diameter. 

FFFF shall be powder which shall pass through 
a screen having round hole perforations of 5/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 2/64 of an inch in 

diameter. 

In testing powder for size of granulation as 
herein required, it shall be permissible for a given 
size to contain not to exceed 7% per cent by weight 


115 


of grains of the size next larger ancl 7% by weight 
of grains of the size next smaller. 

Stamping. 

§ 2. All black powder sold for use in coal mines 
in this State shall have plainly stamped on the keg 
or package in which it is contained the letter show¬ 
ing the size of granulation according to the require¬ 
ments of this Act. 

Unlawful Sale, Penalty. 

§ 3. Any person, firm or corporation who shall 
sell for use in coal mines in this State any black 
powder not stamped as herein required, or who shall 
knowingly sell for use in coal mines in this State any 
powder which is untruthfully branded or stamped, 
and any person, firm or corporation being a manu¬ 
facturer of black powder, or the agent of any such 
manufacturer of black powder who shall sell for use 
in any coal mine in this State, any powder which 
shall not conform to the requirements of this Act in 
respect to the specific gravity and moisture content 
shall be guilty of a misdemeanor, and shall be punish¬ 
able by a fine of not exceeding $100.00 or by imprison¬ 
ment in the county jail for not exceeding ninety (90) 
days, or both, in the discretion of the court. 

Samples and Tests. 

§ 4. (a) State mine inspectors and deputy mine 
inspectors shall have authority to sample black blast¬ 
ing powder used for blasting purposes in coal mines 
in this State, or kept on hand for sale or intended for 
shipment for use in such mines, and for such purpose 
they may enter upon the premises of any person. 

(b) An inspector when sampling black blasting 
powder shall secure as accurate an average sample as 
is practicable, and shall test the granulation of such 
sample with the screens provided for in this Act. 


116 


(c) If the inspector shall desire to have said 
sample tested for specific gravity or moisture con¬ 
tent, he shall send the same to the State Mining Board 
for that purpose, and when such camples are in¬ 
tended to be tested for moisture content, they must be 
taken at the mill or warehouse of the manufacturer 
or manufacturer’s agent, or in the railroad car for 
shipment at said mill or the warehouse; and said 
samples when so taken shall be immediately sealed 
moisture-proof before being sent to the State Mining 
Board. 

When such samples are received by the State 
Mining Board they shall cause the same to be prop¬ 
erly and accurately tested for specific gravity and for 
moisture content. 

(d) If samples of powder when sampled and 
tested as provided in this Act shall be found n<3t to 
comply with the provisions herein, the person, firm or 
corporation guilty of violating the provisions of this 
Act shall be prosecuted in accordance with the provi¬ 
sions hereof. 

WASH BOOMS FOR EMPLOYEES. 

An Act to provide for wash rooms in certain employ¬ 
ments to protect the health of employees and 
secure public comfort. Approved June 26, 1913, 
in force July 1, 1913. L. 1913, p. 359. 

Wash Rooms, Establishment. 

Section 1 . Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That every owner or operator of a coal mine, 
steel mill, foundry, machine shop, or other like busi¬ 
ness in which emifioyees become covered with grease, 
smoke, dust, grime and perspiration to such extent 
that to remain in such condition after leaving their 
work without washing and cleansing their bodies and 
changing their clothing will endanger their health or 


117 


make their condition offensive to the public, shall pro¬ 
vide and maintain a suitable and sanitary wash room 
at a convenient place in or adjacent to such mine, 
mill, foundry, shop or other place of employment for 
the use of such employees. 

Wash Rooms, Requirements. 

§ 2. Such wash room shall be so arranged that 
employees may change their clothing therein, and 
shall be sufficient for the number of employees en¬ 
gaged regularly in such employment; shall be 
provided with lockers or hangers in which employees 
may keep their clothing; shall be provided with hot 
and cold water and with sufficient and suitable places 
and means for using the same; and during cold 
weather, shall be sufficiently heated. 

Inspection. 

§ 3. It shall be the duty of the State and county 
mine inspectors, factory inspectors and other in¬ 
spectors required to inspect places and kinds of busi¬ 
ness required by this Act to be provided with wash 
rooms, to inspect such wash rooms and report to the 
owner or operator, the sanitary and physical condi¬ 
tion thereof in writing, and make recommendations as 
to such improvements or changes as may appear to be 
necessary for compliance with the provisions of this 
Act. 

Violation, Penalty. 

§ 4. Any owner or employer who shall fail or 
refuse to comply with the provisions of this Act shall 
be deemed guilty of a misdemeanor, and upon convic¬ 
tion thereof shall be fined not more than one hundred 
dollars. 

Second Offenses, Etc., Penalty. 

§ 5. Any owner or employer who shall be con¬ 
victed of a violation of the provisions of this Act shall 


118 


be subject to a conviction for succeeding offenses for 
each and every day be shall neglect or refuse to com¬ 
ply herewith. 

CAPITAL STOCK OWNERSHIP. 

An Act to authorize mining or manufacturing com¬ 
panies to own and hold shares of the capital 
stock, and to own and hold securities of railroad 
companies whose roads shall connect the different 
plants of such mining or manufacturing compa¬ 
nies with each other, or with other railroads or 
harbors. Approved June 11, 1891, in force July 1, 
1897. L. 1891, p. 285. 

Capital Stock, Authority to Own. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That any corporation organized, or to be organ¬ 
ized, under and by virtue of any law of this State, 
for mining or manufacturing purposes, be and the 
same is hereby authorized to own and hold shares of 
the capital stock, and to own and hold securities of 
any railroad company or companies when such rail¬ 
road or railroads shall connect the different plants of 
such mining or manufacturing companies with each 
other, or with other railroads or harbors: Provided, 
that said mining or manufacturing companies shall 
not be permitted to hold stock in more than one rail¬ 
road connecting the same points. 

DEPARTMENT OF MINING ENGINEERING AT 
UNIVERSITY OF ILLINOIS. 

An Act authorizing and directing the establishment of 
a department of mining engineering in the Col¬ 
lege of Engineering, at the University of Illinois, 
and providing for the support of the same. Ap¬ 
proved June 8, 1909, in force July 1, 1909. L. 
1909, p. 43. 


119 


Department of Mining Engineering. 

Section 1. Be it enacted by the People of the 
State of lllinoiSy represented in the General Assem¬ 
bly: That the trustees of the University of Illinois be 
authorized and directed to establish, in the College 
of Engineering, at the university, a department of 
mining engineering. 

Courses of Instruction. 

§ 2. That the said department of mining engi¬ 
neering shall offer such courses of instruction relating 
to the science and practice of mining as will best 
serve to train young men for efficient work in the k 
various phases of the mining industry. 

Dissemination of Scientific Facts. 

§ 3. That in addition to its work of instruction, 
the said department of mining engineering shall, so 
far as practicable, concern itself with the develop¬ 
ment and dissemination of such scientific facts as are 
likely to be of service in improving the practice of 
mining, with reference to efficiency in operation, to 
the security of life in the mines, and to the conserva¬ 
tion of the fuel and other mineral resources of the 
State. 


Appropriation. 

§ 4. That there be and hereby is appropriated to 
the University of Illinois, to meet the cost of estab¬ 
lishing and maintaining the said department of min¬ 
ing engineering, the sum of seven thousand five hun¬ 
dred ($7,500) dollars per annum. 

Warrants. 

§ 5. The Auditor of Public Accounts is hereby 
authorized and directed to draw his warrant on the 
treasurer for the sum hereby appropriated; payable 
out of any money in the treasury not otherwise ap- 


120 


propriated, upon the order of the board of trustees of 
said university, attested by its secretary and with the 
corporate seal of said university thereto attached. 

TRESPASS AND INTIMIDATION. 

An Act to revise the law in relation to criminal jur¬ 
isprudence. Approved March 27, 1874, in force 
July 1, 1874. 

Intimidation, Penalty. 

§ 160. Whoever enters a coal bank, mine, shaft, 
manufactory, building or premises of another, with 
intent to commit any injury thereto, or by means of 
threats, intimidation or riotous or other unlawful 
doings, to cause any person employed therein to leave 
his employment, shall be fined not exceeding $500, or 
confined in the county jail not exceeding six months, 
or both. 

Trespass, Penalty. 

§ 268. Whoever, without authority of law and not 
being the owner or agent of adjoining land, enters the 
coal bank, mine, shaft, manufactory, or place where 
workmen are employed, of another, without the ex¬ 
pressed or implied consent of the owner or manager 
thereof, atfer notice that such entry is forbidden, shall 
be fined not exceeding $200, or confined in the county 
jail not exceeding six months, in the discretion of the 
court. 

INFORMATION. 

An Act to require inspectors of mines to furnish in¬ 
formation to the State Geologist, and to provide 
for paying the expenses of the same. Approved 
June 18, 1891, in force July 1, 1891, L. 1891, 
p. 167. 

Information, Duty of Inspectors. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem- 


121 


My: That in addition to the duties now prescribed by 
law, it shall hereafter be the duty of the State in¬ 
spectors of coal mines to procure for, and under the 
direction of, the State Geologist, a true record of the 
various strata through which coal shafts are sunk, or 
borings for coal, oil, gas or artesian water are made 
in their respective districts, also to determine the 
altitude of the top of said shafts or bore holes, above 
some specified point on the nearest railroad, or other 
point whose elevation may be readily ascertained; and 
also to determine the dip of the coal stratum in all 
mines which are being operated. The additional 
duties herein prescribed for said inspector shall be 
discharged at such times and in such manner as not 
to interfere with their primary duties as inspectors of 
mines, and they shall report the results of their 
observations, from time to time, to the State Geolo¬ 
gist. 

Expenses, Payment. 

§ 2. The actual and necessary traveling expenses 
of said inspectors, in the discharge of their public 
duties, shall be allowed and paid from the same fund 
and in the same manner as that in which compensa¬ 
tion for their services is now paid, and upon itemized 
quarterly accounts, verified by the affidavit, and ap¬ 
proved by the secretary of the Commissioner of Labor 
Statistics and the Governor. 

MINING INVESTIGATION COMMISSION. 

Section 1. Be it enacted hy the People of the 
State of Illinois, represented in the General Assem- 
My: That a commission be established, to be known 
as the Mining Investigation Commission of the State 
of Illinois, consisting of three coal mine owners and 
three coal miners appointed by the Governor, together 
with three qualified men, no one of whom shall be 
identified or affiliated with the interests of either of 


122 


the mine owners or coal miners or dependent upon the 
patronage or good will of either, nor in political life 
who shall be appointed by the Governor. 

Each member of the said commission shall have 
equal authority, power and voting strength in consid¬ 
ering and acting upon any matters which may he 
brought to the attention of the commission and on 
which the commission may act and the said commis¬ 
sion shall have power and authority to investigate the 
methods and conditions of mining in the State of Illi¬ 
nois with special' reference to the safety of human 
lives and property and the conservation of coal de¬ 
posits. 

§ 2. In making an investigation as contemplated 
in this Act, said commissioners shall have the power 
to issue subpoenas for the attendance of witnesses, 
which shall be under the seal of the commission and 
signed by the chairman or secretary of said commis¬ 
sion. 

In case any person shall wilfully fail or refuse to 
obey such subpoena, it shall be the duty of th Circuit 
Court of any county, upon application of the said 
commissioners, to issue an attachment for such wit¬ 
ness, and compel such witness to attend before the 
commissioners, and give his testimony upon such 
matters as shall be lawfully required by such com¬ 
missioners ; and the said court shall have the power 
to punish for contempt, as in other cases of refusal 
to obey the process and order of such court. 

The fees of wiwtnesses shall be the same as in the 
courts of record and shall be paid out of the appropri¬ 
ation hereinafter made. 

And upon order duly entered of record by the 
said commission any one or more members of the 
said commission shall be empowered to take testimony 
touching the matters within the jurisdiction of the 
said commission and report the same to the said com¬ 
mission. 


123 


Said commission shall have power and are au¬ 
thorized to adopt a seal and to make such rules not 
inconsistent with or contrary to law for the govern¬ 
ment of proceedings before it, as it may deem proper 
and shall have the same power to enforce such rules 
and to preserve order and decorum in its presence as 
is vested by the common law or statute of this State 
in any court of general jurisdiction. 

§ 3. Said commission shall meet at the State cap- 
itol building in Springfield on the second Tuesday 
after notice of their appointment and shall imme¬ 
diately elect a chairman and secretary from among 
their number, one of whom shall be a coal mine owner 
and the other a coal miner. Said commission shall 
cause a record to be kept of all its proceedings. 

Five members of the said commission shall con¬ 
stitute a quorum for the transaction of business, but 
a less number than a quorum may adjourn the meet¬ 
ing of the commission from time to time. 

Meetings of the said commission other than 
. called tneetings, as provided for herein, may be held 
at such times and places within the State of Illinois, 
as may be fixed by the said commission. 

A meeting of the said commission shall be held 
upon the written request of any three members of the 
said commission signed by them and delivered to the 
secretary, who shall, upon receipt of such request, 
notify each member of said commission by mail of 
such meeting so to be held, and the time and place 
thereof. And no such meeting shall be held less than 
five days after the mailing of notice of the said meet¬ 
ing to the members of said commission by the secre¬ 
tary. 

Such called meeting shall be held either in 
Springfield or Chicago. 

§ 4. Said commission shall report to the Governor 
and to the General Assembly at its next regular ses¬ 
sion, submitting, so far as they have unanimously 
agreed, a proposed revision of mining laws of the 


124 


State, together with such other recommendations as 
to the commission shall seem fit and proper relating 
to mining in the State of Illinois. 

And where there is not unanimous agreement 
upon any recommendation there shall be submitted in 
like manner separate reports embodying the recom¬ 
mendations of any one or more members of the said 
commission, which said reports shall each set forth in 
detail the recommendation of the commissioner or 
commissioners signing said report and shall embody 
his or their respective reasons for such recommenda¬ 
tions, and his or their objection to the report of other 
members of the commission. The duties and functions 
of said commission shall cease and the terms of office 
of the respective commissioners shall treminate upon 
the adjournment of the Fifty-second General As¬ 
sembly. 

§ 5. The members of said commission who are 
coal mine owners and coal miners, as aforesaid, shall 
receive no compensation for their services. The re¬ 
maining three members of the commission shall 
receive as compensation for their services the sum of 
$10.00 per day for each day actually employed by 
them as such commissioners. All members of the said 
commission shall be reimbursed for their actual 
expenses incurred in and about the actual work of 
said commission. 

Said commission may appoint a stenographer or 
clerk and such other employees as are necessary and 
shall fix their compensation and may incur such other 
expenses as are properly incidental to the work of the 
commission. 

§6. The sum of seven thousand dollars ($7,000), 
or as much thereof as may be necessary, is hereby 
appropriated for the postage, stationery, clerical and 
expert services, and incidental traveling expenses of 
the commission, and the per diem of members as 
herein authorized, and the Auditor of Public Accounts 
is hereby authorized to draw his warrants for the 


125 


foregoing amount, or any part thereof, in payment of 
any expenses, charges or disbursements authorized by 
this Act, on order of this commission, signed by its 
chairman, attested by its secretary, and approved by 
the Governor. 

The Department of Public Works and Buildings 
is hereby authorized and directed to provide all nec¬ 
essary printing for the mining investigating commis¬ 
sion, and testimony taken by it shall be reported in 
full and may be published from time to time by the 
commission. 

RULES AND REGLATIONS GOVERNING EX¬ 
AMINATIONS. 


Oral ancl Written. 

1. The examination of all candidates shall con¬ 
sist of a written and oral part. 

State Mine Inspectors' Examination , Time of Holding. 

2. The written examination for State Mine In¬ 
spectors will be held on Tuesday following registra¬ 
tion, at 9 :00 o’clock a. m., the morning session closing 
at 12 m. The afternoon session will begin at 2:00 
o’clock p. m., and close at 5 :00 o’clock p. m. 

Training and Experience Questions , Where Answered. 

3. Each candidate for a certificate shall answer 
a set of questions as to training and experience. 
These questions can be taken to his room and answers 
presented when candidate presents himself for the 
oral examination. 

Examination Papers, Designation and Numbering. 

4. Numbers will be assigned to each candidate, 
with which his examination paper shall be marked 
and by which only he shall be known until after his 
written examination has been corrected and graded. 


126 


Oral Examination, When Held. 

5. The oral examination of each candidate shall 
be had separately after the written examination shall 
be completed, and the applicant shall be called for 
this purpose by the number assigned him. 

Questions, Nature, Classification, Numbering. 

0. Questions for each examination shall be uni¬ 
form and shall consist of: 

For Mine Inspectors.24 written questions; 

For Mine Manager— 

First class .20 written questions ; 

Second class .10 written questions. 

For Mine Examiners.15 written questions ; 

For Hoisting Engineer.15 written questions. 

The written part of the examination shall be 
divided as follows: 


For Mine Inspectors 


12 questions, morning session, 
12 questions, afternoon session. 


For Mine Manager — 


First class. / lb questions, morning session, 

\ 10 questions, afternoon session. 

Second class. 

10 questions, morning session ; 

For Hoisting Engineer and Mine Examiner. 

15 questions, morning session. 
These questions shall be prepared by the Director 
of the Department of Mines and Minerals, or under 
his direction. 

Manner of Conducting Examination. 

7. All candidates, being assembled, shall be as¬ 
signed to separate desks, provided with writing ma¬ 
terial, and each candidate shall be given a list of 










127 


printed questions required to be answered, also a 
printed card, numbered, on which to ascribe his name 
and address. This card shall be enclosed in a sealed 
envelope and retained by him to present when he is 
called for oral examination, the same to be opened by 
the examiner and passed to the person keeping the 
records of the examination. This will be after the 
written work has been graded and posted. 

Marking and Rating. 

8. A system of marking shall be established 
which shall show the record made by each candidate 
in the written, oral, training and personal experience, 
the sum of which shall be the final rating of each 
candidate. 

Grading Papers. 

9. A minimum shall be established above which 
candidates must be graded in order to pass the exam¬ 
ination and receive a certificate of competency. 

Affidavit of Qualification. 

10. All candidates who appear before the Mining 
Board for examination must make an affidavit setting 
forth the facts as to residence, age, experience, etc. 

R e gist rati on Req uirements. 

11. Any person appearing for registration in an 
intoxicated condition will not be permitted to register 
for the examination, and if after registering a person 
appears in an intoxicated condition prior to the time 
of taking examination, he will not be allowed to take 
such examination. 

Amendment of Rules. 

12. The Mining Board shall have a right at any 
time to add to or modify these rules in any way, pro¬ 
viding the changes shall have been put in writing and 
presented at one meeting prior to their adoption. 


128 


WORKMEN’S COMPENSATION ACT. 


An Act to promote the general welfare of the People 
of this State by providing compensation for acci¬ 
dental injuries or death suffered in the course of 
employment within this State• providing for the 
enforcement and administering thereof, and a 
penalty for its violation, and repealing an Act 
entitled, “An Act to promote the general welfare 
of the people of this State by providing compen¬ 
sation for accidental injuries or death suffered in 
the course of employment,” approved June 10', 
1911, in force May 1, 1912 . (Approved June 28, 
1913, in force July 1, 1913, until amendments in 
force July 1, 1919. 

Section 1. Employer—notice.] That an em¬ 
ployer in this State, who does not come within the 
classes enumerated by section three (3) of this Act, 
may elect to provide and pay compensation for acci¬ 
dental injuries sustained by any employee arising out 
of and in course of the employment according to the 
provisions of this Act, and thereby relieve himself 
from any liability for the recovery of damages, except 
as herein provided. 

(a) Election by any employer to provide and pay 
compensation according to the provisions of this Act 
shall be made by the employer filing notice of such 
election with the Industrial Board. 

(b) Every employer within the provisions of this 
Act who has elected to provided [provide] and pay 
compensation according to the provisions of this Act, 
shall be bound thereby as to all his employees covered 
by this Act until January 1st of the next succeeding 



129 


year and for terms of each year thereafter: Provided , 
any such employer who may have once elected, may 
elect not to provide and pay the compensation herein 
provided for accidents resulting in either injury or 
death and occurring after the expiration of any such 
calendar year by filing notice of such election with 
the Industrial Board fit least sixty days prior to the 
expiration of any such calendar year, and by posting 
such notice at a conspicuous place in the plant, shop, 
office, room or place where such employee is employed, 
or by personal service, in written or printed form, 
upon such employee, at least sixty (GO) days prior to 
the expiration of any such calendar year.* 

(c) In the event any employer mentioned in this 
section, elects to provide and pay the compensation 
provided in this Act, then every employee of such 
employer, as a part of his contract of hiring or who 
may be employed at the time of the taking effect of 
this Act and the acceptance of its provisions by such 
employer, shall be deemed to have accepted all the 
provisions of this Act and shall be bound thereby un¬ 
less within thirty (30) days after such hiring or after 
the taking effect of this Act, and its acceptance by 
such employee, he shall file a notice to the contrary 
with the Industrial Board, whose duty it shall be to 
immediately notify the employer, and until such notice 
to the contrary is given to the employer, the measure 
of liability of such employer shall be determined ac¬ 
cording to the compensation provisions of this Act: 
Provided , however, that any employee may withdraw 
from the operation of this Act upon filling a written 
notice of withdrawal at least ten (10) days prior to 
January 1st of any year with the Industrial Board, 
whose duty it shall be to immediately notify such em¬ 
ployer by registered mail, and, until such notice to the 
contrary is given to such employer, the measure of 
liability of such employer shall be determined accord¬ 
ing to the compensation provisions of this Act. 

(d) Any such employer or employee may, with- 


130 


out prejudice to any existing right or claim, withdraw 
his election to reject this Act hy giving thirty (30) 
days’ written notice in such manner and form as may 
he provided hy the Industrial Board. (Amended by 
Act approved June 25, 1917.) 

§ 12. Repealed.] Section two of an Act entitled, 
“An Act to promote the general welfare of the people 
of this State by providing compensation for accidental 
injuries or death suffered in the course of employ¬ 
ment within this State; providing for the enforcement 
and administering thereof, and a penalty for its 
violation, and repealing an Act entitled, ‘An Act to 
promote the general welfare of the people of this 
State by providing compensation for accidental inju¬ 
ries or death suffered in the course of employment, 
approved June 10, 1911, in force May 1, 1912,’ ” ap¬ 
proved June 28, 1913, in force July 1, 1913, as subse¬ 
quently amended, -is hereby repealed. (Amended by 
Act approved June 25, 1917. 

§ 3. Applies Automatically.] The provisions of 
this Act hereinafter following shall apply automat¬ 
ically, and without election to the State, county, city, 
town, township, incorporated village or school district, 
body politic or municipal corporation, and to all em¬ 
ployers and their employees, engaged in any of the 
following enterprises or businessses which are de¬ 
clared to be extra hazardous, namely: 

1. The erection, maintaining, removing, remodel¬ 
ing, altering or demolishing of any structure, except 
as provided in sub-paragraph 8 of this section. 

2. Construction, excavating or electrical work, 
except as provided in sub-paragraph 8 of this section. 

3. Carriage by land or water and loading or un¬ 
loading in connection therewith, including the dis¬ 
tribution of any commodity by horse-drawn or motor 
driven vehicle where the employer employs more 
than three employees in the enterprise or business, ex¬ 
cept as provided in sub-paragraph 8 of this section. 


131 


4. The operation of any warehouse or general or 
terminal store houses. 

5. Mining, surface mining or quarrying. 

6. Any enterprise in which explosive materials 
are manufactured, handled or used in dangerous 
quantities. 

7. In any enterprise wherein molten metal, or 
explosive or injurious gases or vapors, or inflammable 
vapors or fluids, or corrosive acids, are manufactured, 
used, generated, stored or conveyed in dangerous 
quantities. 

8. In any enterprise in which statutory or mu¬ 
nicipal ordinance regulations are now or shall here¬ 
after be imposed for the regulating, guarding, use or 
the placing of machinery or appliances or for the pro¬ 
tection and safeguarding of the employees or the 
public therein; each of which occupations, enterprises 
or businesses are hereby declared to be extra hazard¬ 
ous : Provided , nothing contained heerin shall be con¬ 
strued to apply to any work, employment or opera¬ 
tions done, had or conducted by farmers and others 
engaged in farming, tillage of the soil, or stock rais¬ 
ing, or to those who rent, demise or lease land for any 
such purposes, or to any one in their employ or to any 
work done on a farm, or country place, no matter 
what kind of work or service is being done or ren¬ 
dered. (Amended by Act approved June 28, 1919.) 

§ ■ Pleadings—certificate.] (a) If the plain¬ 

tiff in any action mentioned in section 3 shall in his 
declaration or in his other pleading allege that the 
employer has filed notice of his election not to pro¬ 
vide and pay compensation according to the provisions 
of the Workmen’s Compensation Act and such allega¬ 
tion be not denied by a verified pleading, then such 
employer shall for the purpose of that action be con¬ 
clusively presumed to have filed his notice of non¬ 
election. 

(b) A certificate of the fact of the filing by an 
employer of the notice of non-election provided in sec- 


132 


tion 2 and of the non-withdrawal thereof shall be 
prima facie proof in any action mentioned in section 3 
of the fact of the filing of such notice of non-election 
and of the non-withdrawal thereof. Such certificate 
may be under the seai of the Industrial Board and 
signed by any member or the secretary thereof, of 
which seal and signature as such officer the court 
shall take judicial notice. Said certificate may be in 
substantially the following form: 

This is to certify that the attached is a correct 
copy of notice filed with the Industrial Board by 

.on the.day 

of., 19_, electing not to 

provide and pay compensation according to the pro¬ 
visions of the Workmen’s Compensation Act of Illi¬ 
nois, and that the original of said notice is now on 
file in the office of the Industrial Board and has not 
been withdrawn since the date of the filing thereof. 

In witness whereof, this certificate has been sub¬ 
scribed and the seal of the Industrial Board affixed 
this.day of., 19.... 


.of Industrial Board. 

(Amended by Act approved May 31, 1917.) 

§ 4. Term “employer” — how construed.] The 
term “employer” as used in this Act shall be con¬ 
strued to be: 

First — The State, and each county, city, town, 
township, incorporated village, school district, body 
politic, or municipal corporation therein. 

Second — Every person, firm, public or private 
corporation, including hospitals, public service, elee¬ 
mosynary, religious or charitable, corporations or 
associations who has any person in service or under 
any contract for hire, express or implied, oral or 
written, and who is engaged in any of the enterprises 
or businesses enumerated in section three (3) of this 
Act, or who at or prior to the time of the accident to 
the employee for which compensation under this Act 









133 


may be claimed, shall in the manner provided in this 
Act, have elected to become subject to the provisions 
of this Act, and who shall not, prior to such accident, 
have effected a withdrawal of such election in the 
manner provided in this Act. (Amended by Act ap¬ 
proved June 25, 1917.) 

§ 5. Term “employee”—how construed.] The 
term “employee” as used in this Act, shall be con¬ 
strued to mean: 

First —Every person in the service of the State, 
county, city, town, township, incorporated village or 
school district, body politic or municipal corporations 
therein, under appointment, or contract of hire, ex¬ 
press or implied, oral or written, except any official 
of the State, or of any county, city, town, township, 
incorporated village, school district, body politic or 
municipal corporation therein: Provided, that any 
such employee, his personal representative, benefi¬ 
ciaries or heirs, who is, are or shall be entitled to 
receive a pension or benefit for or on account of disa¬ 
bility or death arising out of or in the course of his 
employment from a pension or benefit fund to which 
the State or any county, town, township, incorporated 
village, school district, body politic or municipal cor¬ 
poration therein is a contributor, in whole or in part, 
shall be entitled to receive only such part of pension 
or benefit as in excess of the amount of compensation 
recovered and received by such employee, his per¬ 
sonal representative, beneficiaries or heirs under this 
Act: And, provided, further, that one employed by a 
contractor who has contracted with the State, or a 
county, city, town, township, incorporated village, 
school district, body politic or municipal corporation, 
therein, through its representatives, shall not be con¬ 
sidered, as an employee of the State, county, city, 
town, township, incorporated village, school district, 
body politic or municipal corporation which made the 
contract. 

Second —Every person in the service of another 


134 


under any contract of hire, express or implied, oral or 
written, including aliens, and minors who are legally 
permitted to work under the laws of the State, who, 
for the purpose of this Act, shall he considered the 
same and have the same power to contract, receive 
payments and give quittances therefor, as adult em¬ 
ployees, but not including any person who is not 
engaged in the usual course of the trade, business, 
profession or occupation of his employer: Provided, 
that employees shall not be included within the provi¬ 
sions of .this Act when excluded by the laws of the 
United States relating to liability of employers to 
their employees for personal injuries where such law r s 
are held to he exclusive. (Amended by Act approved 
May 31, 1917.) 

§ 6. Employee’s right to recover damages.] No 
common law or statutory right to recover damages for 
injury or death sustained by any employee while 
engaged in the line of his duty as such employee other 
than the compensation herein provided shall be 
available to any employee who is covered by the pro¬ 
visions of this Act, to any one wholly or partially 
dependent upon him, the legal representatives of his 
estate, or any one otherwise entitled to recover dam¬ 
ages for such injury. 

§ 7. Amount of compensation for injury result¬ 
ing in death.] The amount of compensation which 
shall be paid for an injury to the employee resulting 
in death shall be: 

(a) If the employee leaves any widow, child or 
children whom he was under legal obligations to sup¬ 
port at the time of his injury, a sum equal to four 
times the average annual earnings of the employee, 
but not less in any event than one thousand six hun¬ 
dred fifty dollars and not more in any event than 
three thousand five hundred dollars. Any compensa¬ 
tion payments other than necessary medical, surgical 
or hospital fees or services shall be deducted in ascer¬ 
taining the amount payable on death. 


(b) If no amount is payable under paragraph 
(a) of this section and the employee leaves any par¬ 
ent, husband, child or children who at the time of 
injury were totally dependent upon the earnings of 
the employee, then a sum equal to four times the 
average annual earnings of the employee, but not less 
in any event than one thousand six hundred fifty dol¬ 
lars, and not more in any event than three thousand 
five hundred dollars. 

(c) If no amount is payable under paragraphs 
(a) or (b) of this section and the employee leaves 
any parent, child or children, grandparent or grand¬ 
child, who at the time of injury were dependent upon 
the earnings of the employee, then such proportion of 
a sum equal to four times the average annual earn¬ 
ings of the employee as such dependency bears to total 
dependency, but not less in any event than one 
thousand six hundred fifty dollars and not more in 
any event than three thousand five hundred dollars. 
Any compensation payments other than necessary 
medical, surgical or hospital fees or services shall be 
deducted in ascertaining the amounts payable on 
death. 

(d) If no amount is payable under paragraphs 
(a), (b) or (c) of this section and the employee 
leaves collateral heirs dependent at the time of the 
injury to the employee upon his earnings, such a per¬ 
centage of the sum provided in paragraph (a) of this 
section as the average annual contributions which the 
deceased made to the support of such dependent col¬ 
lateral heirs during the two years preceding the in¬ 
jury bears to his average annual earnings during such 
two years. 

(e) If no amount is payable under paragraphs 
(a), (b), (c), or (d) of this section, a sum not to 
exceed one hundred and fifty dollars for burial ex¬ 
penses to be paid by the employer to the undertaker 
or to the person or persons incurring the expense of 
burial. 


136 


(f) For all compensation, except for burial ex¬ 
penses provided in this section to be paid in case in¬ 
jury results in death, shall be paid in installments 
equal to one-half the average earnings, at the same 
intervals at which the wages or earnings of the em¬ 
ployee were paid; or if this shall not be feasible, then 
the installments shall be paid weekly: Provided, such 
compensation may be paid in a lump sum upon peti¬ 
tion as provided in section 9 of this Act. 

(g) The compensation to be paid for injury 
which results in death, as provided in this section, 
shall be paid to the persons who form the basis for 
determining the amount of compensation to be paid 
by the employer, the respective shares to be in the 
proportion of their respective dependency at the time 
of the injury on the earnings of the deceased: Pro¬ 
vided, that the Industrial Commission or an arbitrator 
thereof may, in its or his discretion, order or award 
the payment to the parent or grandparent of a child 
for the latter’s support the amount of compensation 
which but for such order or award would have been 
paid to such child as its share of the compensation 
payable, which order or award may be modified from 
time to time by the Commission in its discretion with 
respect to the persons to whom shall be paid the 
amount of said order or award remaining unpaid at 
the time of said modification. 

The payments of compensation by the employer 
in accordance with the order or award of the Indus¬ 
trial Commission shall discharge such employer from 
all further obligation as to such compensation. 

In a case where any of the persons who would be 
entitled to compensation is living at any place outside 
of the United States, then payment shall be made to 
the personal representative of the deceased employee. 
The distribution by such personal representative to 
the persons entitled shall be made to such persons and 
in such manner as the Commission shall order. 

(h) 1. Whenever in paragraph (a) of this sec- 


137 


tion a minimum of one thousand six hundred fifty 
dollars is provided, such minimum shall be increased 
in the following cases to the following amounts: 

One thousand seven hundred fifty dollars in case 
of a widow and one child under the age of 16 years 
at the time of the death of the employee. 

One thousand eight hundred fifty dollars in case 
of a widow’ and two or more children under the age 
of 16 years at the time of the death of the employee. 

2. Wherever in paragraph (a) of this section a 
maximum of three thousand five hundred dollars is 
provided, such maximum shall be increased in the 
following cases to the following amounts: 

Three thousand seven hundred fifty dollars in 
case of a widow and one child under the age of 16 
years at the time of the death of the employee. 

Four thousand dollars in case of a widow and 
two or more children under the age of 16 years at 
the time of the death of the employee. (Amended by 
Act approved June 28, 1919. 

§ 8. Amount of compensation.] The amount of 
compensation which shall be paid to the employee for 
an injury not resulting in death shall be: 

(a) The employer shall provide the necessary 
first aid medical and surgical services; all necessary 
hospital services during the period for which com¬ 
pensation may be payable; also all necessary medical 
and surgical services for a period not longer than 
eight weeks, not to exceed, however, an amount of 
two hundred dollars, and in addition such medical or 
surgical services in excess of such limits as may be 
necessary during the time such hospital services are 
furnished. All of the foregoing services shall be lim¬ 
ited to those which are reasonably required to cure 
and relieve from the effects of the injury. The em¬ 
ployee may elect to secure his own physician, surgeon 
or hospital services at his own expense. 

(b) If the period of temporary total incapacity 
for work lasts for more than six working days, com- 


138 


pensation equal to fifty percentum of the earnings, 
but not less than $7.00 nor more than $12.00 per 
week, beginning on the eighth day of such temporary 
total incapacity and continuing as long as the tempo¬ 
rary total incapacity lasts, but not after the amount 
of compensation paid equals the amount which 
would have been payable as a death benefit under 
paragraph (a), section 7, if the employee had died as 
a result of the injury at the time thereof, leaving 
heirs surviving as provided in said paragraph (a), 
section 7: Provided, that in the case where tempo¬ 
rary total incapacity for work continues for a period 
of four weeks from the day of the injury, then com¬ 
pensation shall commence on the day after the injury. 

(c) For any serious and permanent disfigurement 
to the hand, head or face, the employee shall be en¬ 
titled to compensation for such disfigurement, the 
amount fixed by agreement or by arbitration in ac¬ 
cordance with the provisions of this Act, which 
amount shall not exceed one-quarter of the amount 
of the compensation which would have been payable 
as a death benefit under paragraph (a), section 7: 
Provided, that no compensation shall be payable under 
this paragraph where compensation is payable under 
paragraph (d), (e) or (f) of this section: And, pro¬ 
vided, further, that when the disfigurement is to the 
hand, head or face as a result of any injury, for 
which injury compensation is not payable under para¬ 
graph (d), (e) or (f) of this section, compensation 
for such disfigurement may be had under this para¬ 
graph. 

(d) If, after the injury has been sustained, the 
employee as a result thereof becomes partially in¬ 
capacitated from pursuing his usual and customary 
line of employment, he shall, except in the cases cov¬ 
ered by the specific schedule set forth in paragraph 

(e) of this section, receive compensation, subject to 
the limitations as to time and maximum amounts 
fixed in paragraphs (b) and (h) of this section, equal 


139 


to fifty percentum of the difference between the aver¬ 
age amount which he earned before the accident, and 
the average amount which he is earning or is able 
to earn in some suitable employment or business after 
the accident. 

(e) For injuries in the following schedule, the 
employee shall receive in addition to compensation 
during the period of temporary total incapacity for 
work resulting from such injury, in accordance with 
the provisions of paragraphs (a) and (b) of this sec¬ 
tion, compensation, for a further period, subject to 
the limitations as to time and amounts fixed in para¬ 
graphs (b) and (h) of this section, for the specific 
loss herein mentioned, as follows, but shall not re¬ 
ceive any compensation for such injuries under any 
other provisions of this Act. 

1. For the loss of a thumb, or the permanent and 
complete loss of its use, fifty percentum of the aver 
age weekly wage during sixty weeks; 

2. For the loss of a first finger, commonly called 
the index finger, or the permanent and complete loss 
of its use, fifty percentum of the average weekly 
wage during thirty-five weeks; 

3. For the loss of a second finger, or the per¬ 
manent and complete loss of its use, fifty percentum 
of the average weekly wage during thirty weeks: 

4. For the loss of a third finger, or the perma¬ 
nent and complete loss of its use, fifty percentum of 
the average weekly wage during twenty weeks; 

5. For the loss of a fourth finger, commonly 
called the little finger, or the permanent and com¬ 
plete loss of its use, fifty percentum of the average 
weekly wage during fifteen weeks; 

6. The loss of the first phalange of the thumb, 
or of any finger shall be considered to be equal to the 
loss of one-half of such thumb or finger and compen¬ 
sation shall be one-half the amount above specified. 

7. The loss of more than one phalange shall be 
considered as the loss of the entire finger or thumb ; 


140 


Provided, however, that in no case shall the amount 
received for more than one finger exceed the amount 
provided in this schedule for the loss of a hand; 

8. For the loss of a great toe, fifty percentum of 
the average weekly wage during thirty weeks; 

9. For the loss of one toe other than the great 
toe, fifty percentum of the average weekly wage dur¬ 
ing ten weeks, and for the additional loss of one or 
more toes other than the great toe, fifty percentum of 
the average weekly wage during an additional ten 
weeks; 

10. The loss of the first phalange of any toe shall 
be considered to be the equal to the loss of one-lialf 
of such toe, and compensation shall be one-half of the 
amount above specified; 

11. The loss of more than one phalange shall be 
considered as the loss of the entire toe; 

12. For the loss of a hand, or the permanent and 
complete loss of its use, fifty percentum of the aver¬ 
age weekly wage during one hundred and fifty 
weeks; 

13. For the loss of an arm or the permanent and 
complete loss of its use, fifty percentum of the aver¬ 
age weekly wage during two hundred weeks; 

14. For the loss of a foot, or the permanent and 
complete loss of its use, fifty percentum of the aver¬ 
age weekly wage during one hundred and twenty-five 
weeks; 

15. For the loss of a leg, or the permanent and 
complete loss of its use, fifty percentum of the aver¬ 
age weekly wage during one hundred and seventy-five 
weeks; 

16. For the loss of the sight of an eye or for the 
permanent and complete loss of its use, fifty per¬ 
centum of the average weekly wage during one hun¬ 
dred weeks; 

IT. For the permanent partial loss of use of a 
member or sight of an eye, fifty percentum of the 
average weekly wage during that portion of the num- 


141 


ber of weeks in the foregoing schedule provided for 
the loss of such member or sight of an eye which the 
partial loss of use thereof bears to the total loss of 
use of such member or sight of eye. 

IS. The loss of both hands, or both arms, or both 
feet, or both legs, or both eyes, or of any two there¬ 
of, or the permanent and complete loss of use there¬ 
of, shall constitute total and permanent disability, to 
be compensated according to the compensation fixed 
by paragraph (f) of this section: Provided, that these 
specific cases of total and permanent disability shall 
not be construed as excluding other cases. 

(f) In case of complete disability, which renders 
the employee wholly and permanently incapable of 
work, compensation equal to fifty percentum of his 
earnings, but not less than $7.00 nor more than 
$12.00 per week, commencing on the day after the 
injury, and continuing until the amount paid equals 
the amount which would have been payable as a 
death benefit under paragraph (a), section 7, if the 
employee had died as a result of the injury at the 
time thereof, leaving heirs surviving as provided in 
said paragraph (a), section 7, and thereafter a pen¬ 
sion during life annually equal to 8 per cent of the 
amount which would have been payable as a death 
benefit under paragraph (a), section 7, if the em¬ 
ployee had died as a result of the injury at the time 
thereof, leaving heirs surviving, as provided in said 
paragraph (a), section 7. Such pension shall not be 
less than $10.00 per month and shall be payable 
monthly. 

(g) In case death occurs as a result of the injury 
before the total of the payments made equals the 
amount payable as a death benefit, then in case the 
employee leaves any widow, child, or children, par¬ 
ents, grandparents, or other lineal heirs, entitled to 
compensation under section 7, the difference between 
the compensation for death and the sum of the pay¬ 
ments made to the employee shall be paid, at the 


142: 


option of the employer, either to the personal repre¬ 
sentative or to the beneficiaries of the deceased em¬ 
ployee, and distributed, as provided in paragraph (f) 
of section 7, but in no case shall the amount payable 
under this paragraph be less than $500.00. 

(li) In no event shall the compensation to be 
paid exceed fifty percentum of the average weekly 
wage or exceed $12.00 per week in amount; nor, ex¬ 
cept in case of complete disability, as defined above, 
shall any payments extend over a period of more than 
eight years from the date of the accident. In case 
an injured employee shall be incompetent at the time 
when any right or privilege accrues to him under the 
provisions of this Act a conservator or guardian may 
be appointed, pursuant to law, and may, on behalf of 
such incompetent, claim and exercise any such right 
or privilege with the same force and effect as if the 
employee himself had been competent and had claimed 
or exercised said right or privilege; and no limita¬ 
tions of time by this Act provided shall run so long 
as said incompetent employee is without a conservator 
or a guardian. 

(i) All compensation provided for in paragraphs 
(b), (c), (d), (e), and (f) of this section, other than 
cases of pension for life, shall be paid in installments 
at the same intervals at which the wages or earnings 
of the employee were paid at the time of the injury, 
or if this shall not be feasible, then the installments 
shall be paid weekly. 

(j) 1. Wherever in this section there is a pro¬ 
vision for fifty percentum, such percentum shall be 
increased five percentum for each child of the em¬ 
ployee under 10 years of age at the time of the injury 
to the employee until such percentum shall reach a 
maximum of sixty-five percentum. 

2. Wherever in this section a weekly minimum of 
$7.00 is provided, such minimum shall be increased in 
the following cases to the following amounts: 

$8.00 in case of any employee having one child 


143 


under the age of 16 years at the time of the injury 
to the employee; 

$9.00 in a case of an employee having two chil¬ 
dren under the age of 16 years at the time of the 
injury to the employee; 

$10.00 in a case of an employee having three or 
more children under the age of 16 years at the time 
of the injury to the employee. 

3. Wherever in this section a weekly maximum 
of $12.00 is provided, such maximum shall be in¬ 
creased in the following cases to the following 
amounts: 

$13.00 in case of an employee with one child 
under the age of 16 years at the time of the injury to 
the employee; 

$14.00 in case of an employee with two children 
under the age of 16 years at the time of injury to the 
employee. 

$15.00 in case of an employee with three or more 
children under the age of 16 years at the time of in¬ 
jury to the employee. 

4. The increases in the above percentum and the 
minimum and maximum amount shall be paid only 
so long as the child upon which the increase is based 
remains under the age of 16 years. (Amended by Act 
approved June 28, 1919.) 

§ 9. Where payment in lump sum desired.] 
Any employer or employee or beneficiary w T ho shall 
desire to have such compensation, or any unpaid part 
thereof, paid in a lump sum, may petition the In¬ 
dustrial Board, asking that such compensation be so 
paid, and if, upon proper notice to the interested 
parties and a proper showing made before such board, 
it appears to the interest of the parties that such com¬ 
pensation be so paid, the board may order the com¬ 
mutation of the compensation to an equivalent lump 
sum, which commutation shall be an amount which 
will equal the total sum of the probable future pay¬ 
ments capitalized at their present value upon the 


144 


basis of interest calculated at three percentum per 
annum with annual rests: Provided, that in case in¬ 
dicating complete disability no petition for a commu¬ 
tation to a lump sum basis shall be entertained by the 
Industrial Board until after the expiration of six 
months from the date of the injury, and where neces¬ 
sary, upon proper application being made, a guardian, 
conservator or administrator, as the case may be, may 
be appointed for any person under disability who may 
be entitled to any such compensation, and an employer 
bound by the terms of this Act, and liable to pay such 
compensation, may petition for the appointment of the 
public administrator, or a conservator, or guardian, 
where no legal representative has been appointed or 
is acting for such party or parties so under disability. 
Either party may reject an award of a lump sum pay¬ 
ment of compensation, except an award for compensa¬ 
tion under section 7 or paragraph (e) of section 8 or 
for the injuries defined in the last paragraph of para¬ 
graph (e) of section 8 as constituting total and per¬ 
manent disability, by filing his written rejection 
thereof with the said board within ten days after 
notice to him of the award, in which event compensa¬ 
tion shall be payable in installments as herein pro¬ 
vided. (As amended by Act approved June 28, 1915; 
in force July 1, 1915.) 

§ 10. Basis for computing compensation.] The 
basis for computing the compensation provided for in 
sections 7 and 8 of the Act shall be as follows: 

(a) The compensation shall be computed on the 
basis of the annual earnings which the injured per¬ 
son received as salary, wages or earnings if in the 
employment of the same employer continuously dur¬ 
ing the year next preceding the injury. 

(b) Employment by the same employer shall be 
taken to mean employment by the same employer in 
the grade in which the employee was employed at the 
time of the accident, uninterrupted by absence from 
work due to illness or any other unavoidable cause. 


145 


(c) If the injured person has not been engaged 
in the employment of the same employer for the full 
year immediately preceding the accident, the com¬ 
pensation shall be computed according to the annual 
earnings which persons of the same class in the same 
employment and same location, (or if that be imprac¬ 
ticable, of neighboring employments of the same kind) 
have earned during such period. 

(d) As to employees in employments in which it 
is the custom to operate throughout the working days 
of the year, the annual earnings, if not otherwise 
determinable, shall be regarded as 300 times the 
average daily earnings in such computation. 

(e) As to employees in employments in which it 
is the custom to operate for a part of the whole num¬ 
ber of working days in each year, such number, if the 
annual earnings are not otherwise determinable, shall 
be used instead of 300 as a basis for computing the 
annual earnings: Provided , the minimum number of 
days which shall be so used for the basis of the year’s 
work shall not be less than 200. 

(f) In the case of injured employees who earn 
either no wage or less than the earnings of adult day 
laborers in the same line of employment in that local¬ 
ity, the yearly wage shall be reckoned according to 
the average annual earning of adults of the same 
class in the same (or if that is impracticable then of 
neighboring) employments. 

(g) Earnings, for the purpose of this section, 
shall be based on the earnings for the number of 
hours commonly regarded as a day’s work for that 
employment, and shall exclude overtime earnings. 
The earnings shall not include any sum which the 
employer has been accustomed to pay the employee to 
cover any special expense entailed on him by the 
nature of his employment. 

(h) In computing the compensation to be paid 
to any employee, who, before the accident for which 
he claims compensation, was disabled and drawing 


146 


compensation under the terms of this Act, the com¬ 
pensation for each subsequent injury shall he appor¬ 
tioned according to the proportion of incapacity and 
disability caused by the respective injuries which he 
may have suffered. 

(i) To determine the amount of compensation 
for each installment period, the amount per annum 
shall be ascertained pursuant hereto, and such 
amount divided by the number of installment periods 
per annum. 

§ 11. Compensation measure of responsibility 
employee assumed under act.] The compensation 
herein provided, together with the provisions of this 
Act shall be the measure of the responsibility of any 
employer engaged in any of the enterprises or busi¬ 
nesses enumerated in section three (3) of this Act, or 
of any employer who is not engaged in any such enter¬ 
prises or businesses, but who has elected to provide 
and pay compensation for accidental injuries sus¬ 
tained by any employee arising out of and in the 
course of the employment according to the provision 
of this Act, and whose election to continue under this 
Act, has not been nullified by any action of his em¬ 
ployees as provided for in this Act. (Amended by Act 
approved June 25, 1917.) 

§ 12. Injured employee must submit to ex¬ 
amination.] An employee entitled to receive disabil¬ 
ity payments shall be required, if requested by the 
employer, to submit himself, at the expense of the 
employer, for examination to a duly qualified medical 
practitioner or surgeon selected by the employer, at a 
time and place reasonably convenient for the em¬ 
ployee, as soon as practicable after the injury, and 
also one week after the first examination and there¬ 
after at intervals not oftener than once every four 
weeks, which examination shall be for the purpose of 
determining the nature, extent and probable duration 
of the injury received by the employee, and for the 
purpose of ascertaining the amount of compensation 


147 ' 


which may he due the employee from time to time for 
disability according to the provisions of this Act: 
Provided , however, that such examination shall be 
made in the presence of a duly qualified medical prac¬ 
titioner or surgeon provided and paid for by the em¬ 
ployee, if such employees so desires. In all cases 
where the examination is made by a surgeon engaged 
by the employer and the injured employee has no 
surgeon present at such examination, it shall be the 
duty of the surgeon making the examination at the 
instance of the employer to deliver to the injured em¬ 
ployee, upon his request or that of his representative 
a statement in writing of the condition and extent of 
the injury to the same extent that said surgeon reports 
to the employer. If the employee refuses so to sub¬ 
mit himself to examination or unnecessarily obstructs 
the same, his right to compensation payments shall be 
temporarily suspended until such examination shall 
have taken place, and no compensation shall be pay¬ 
able under this Act for such period. It shall be the 
duty of surgeons treating an injured employee who is 
likely to die and treating him at the instance of the 
employer to have called in another surgeon, to be 
designated and paid for by either the injured em¬ 
ployee or by the person or persons who would become 
his beneficiary or beneficiaries to make an examina¬ 
tion before the death of such injured employee. (As 
amended by an Act approved June 28, 1915; in force 
July 1, 1915.) 

§ 13a. Industrial board created — appointment — 
term of office.] There is hereby created a board 
which shall be known as the Industrial Board to con¬ 
sist of five members to be appointed by the Governor, 
by and with the consent of the Senate, two of whom 
shall be representative citizens of the employing class 
operating under this Act, and two of whom shall be 
representative citizens of the class of employees 
operating under this Act, and one of whom shall be a 
representative citizen not identified with either the 


148 


employing or employee classes and wlio shall be 
designated by the Governor as chairman. Appoint¬ 
ment of members to places on the first board or to 
fill vacancies on said board may be made during 
recesses of the Senate, but shall be subject to con¬ 
firmation by the Senate at the next ensuing session 
of the Legislature. 

(b) When there shall become effective the Act 
known as “The Civil Administrative Code of Illinois,” 
being an Act entitled “An Act in relation to the civil 
administration of the State Government,” there shall 
thereupon be vested in the Industrial Commission 
and the industrial officers thereof by said Act created, 
all of the powers and duties vested in the Industrial 
Board by the Workmen’s Compensation Act, and 
thereupon wherever in the Workmen’s Compensation 
Act reference shall be made to the Industrial Board, 
the board or to any member thereof, it shall be con¬ 
strued as referring and shall apply to the said In¬ 
dustrial Commission, the said Commission, and any 
industrial officer thereof, respectively. (Amended by 
Act approved June 25, 1917.) 

§ 14. Salary—secretary—clerks—seal.] The 
salary of each of the members of the Commission ap¬ 
pointed by the Governor shall be Five thousand dol¬ 
lars ($5,000.00) per year. The Commission shall 
appoint a secretary and shall employ such assistants 
and clerical help as may be necessary. 

The salary of the arbitrators designated by the 
Commission shall be at the rate of Three thousand 
dollars ($3,000.00) per year. 

The members of the Commission and the arbitra¬ 
tors shall have reimbursed to them their actual travel¬ 
ing expenses and disbursements made or incurred by 
them in the discharge of their official duties while 
away from their places of residence in the perform¬ 
ance of their duties. The Commission shall provide 
itself with a seal for the authentication of its orders, 
awards, and proceedings, upon which shall be in- 


149 


« 


scribed the name of the Commission and the words 
“Illinois—Seal”. (Amended by Act approved June 
28, 1919.) 

§ 15. Jurisdiction—duties.] The Industrial Board 
shall have jurisdiction over the operation and admin¬ 
istration of this Act, and said board shall perform all 
the duties imposed upon it by this Act, and such 
further duties as may hereafter be imposed by law, 
and the rules of the board not inconsistent therewith. 

§ 16. Rules and orders — procedure — powers.] 
The board may make rules and orders for carrying 
out the duties imposed upon it by law, which rules 
and orders shall be deemed prima facie reasonable 
and valid; and the process and procedure before the 
board shall be as simple and summary as reasonably 
may be. The board upon application of either party 
may issue dedimus potestatem directed to a commis¬ 
sioner, notary public, justice of the peace or any other 
officer authorized by law to administer oaths, to take 
the depositions of such witness or witnesses as may 
be necessary in the judgment of such applicant. Such 
dedimus potestatem may issue to any of the officers 
aforesaid in any state or territory of the United 
States or in any foreign country. The board shall 
have the power to adopt necessary rules to govern the 
issue of such dedimus potestatem. The board, or any 
member thereof, or any arbitrator designated by said 
board shall have the power to administer oaths, sub¬ 
poena and examine witnesses, to issue subpoenas duces 
tecum, requiring the production of such books, 
papers, records and documents as may be evidence of 
any matter under inquiry, and to examine and in¬ 
spect the same and such places or premises as may 
relate to the question in dispute. Said board, or any 
member thereof, or any arbitrator designated by said 
board, shall on written request of either party to the 
dispute, issue subpoenas for the attendance of such 
witnesses and production of such books, papers, rec¬ 
ords and documents as shall be designated in said 


150 


applications, providing, however , that the parties 
applying for such subpoena shall advance the officer 
and witness fees provided for in suits pending in the 
circuit court. Service of such subpoenas shall be 
made by any sheriff or constable or other person. In 
case any person refuses to comply with an order of 
the board or subpoena issued by it or any member 
thereof, or any arbitrator designated by said board or 
to permit an inspection of places or premises, or to 
produce any books, papers, records, or documents, or 
any witness refuses to testify to any matters regard¬ 
ing which he may be lawfully interrogated, the county 
court of the county in which said hearing or matter 
is pending, on application of any member of the board 
or any arbitrator designated by the board, shall com¬ 
pel obedience by attachment proceedings, as for con¬ 
tempt, as in a case of disobedience of the require¬ 
ments of a subpoena from such court on a refusal to 
testify therein. 

The board at its expense shall provide a stenog¬ 
rapher to take the testimony and record of proceed¬ 
ings at the hearings before an arbitrator, committee 
of arbitration, or the board, and said stenographer 
shall furnish a transcript of such testimony or pro¬ 
ceedings to any person requesting it upon payment to 
him therefor of five cents per one hundred words for 
the original and three cents per one hundred words 
for each copy of such transcript. 

The board shall have the power to determine the 
reasonableness and fix the amount of any fee or com¬ 
pensation charged by any person for any service per¬ 
formed in connection with this Act, or for which 
payment is to be made under this Act or rendered in 
securing any right under this Act. (Amended by Act 
approved May 13, 1917.) 

§ 17. Blank forms — books and records.] The 
board shall cause to be printed and furnish free of 
charge upon request by any employer or employee 
such blank forms as it shall deem requisite to facili- 


151 


tate or promote the efficient administration of this 
Act, and the performance of the duties of the board; 
it shall provide a proper record in which shall be 
entered and indexed the name of any employer who 
shall file a notice of declination or withdrawal 
under this Act, and the date of the filing thereof; 
and a proper record in which shall be entered 
and indexed the name of any employee who 
shall file such a notice of declination or withdrawal, 
and the date of the filing thereof; and such other 
notices as may be required by the terms and intend¬ 
ment of this Act; and records in which shall be 
recorded all proceedings, orders and awards had or 
made by the board, or by the arbitration committees, 
and such other books or records as it shall deem 
necessary, all such records to be kept in the office of 
the board. 

§ 18. Questions determined by industrial board.] 
All questions arising under this Act, if not settled by 
agreement of the parties interested therein, shall, 
except as otherwise provided, be determined by the 
Industrial Board. 

§ 19. Disputed questions of law or fact — com¬ 
mittee OF ARBITRATION - DECISION - PETITION FOR RE¬ 
VIEW — PHYSICIAN - DECISION OF INDUSTRIAL BOARD — 

REVIEW BY SUPREME COURT CIRCUIT COURT TO RENDER 

JUDGMENT REVIEW AFTER AWARD ADDRESS TO BE 

filed. — notice.] Any disputed question of law or fact 
shall be determined as herein provided. 

(a) It shall be the duty of the Industrial Com¬ 
mission upon notification that the parties have failed 
to reach an agreement, to designate an arbitrator: 
Provided, that if the compensation claimed is for a 
partial permanent or total permanent incapacity or 
for death, then the dispute may, at the election of 
either party, be determined by a committee of arbi¬ 
tration, which election for determination by a com¬ 
mittee shall be made by petitioner filing with the Com¬ 
mission his election in writing with his petition or 


152 


by the other party filing with the Commission his 
election in writing within five days of notice to him 
of the filing of the petition, and thereupon it shall be 
the duty of the Industrial Commission, upon either of 
the parties having filed their election for a committee 
of arbitration as above provided, to notify both par¬ 
ties to appoint their respective representatives on the 
committee of arbitration. The Commission shall 
designate an arbitrator to act as chairman, and if 
either party fails to appoint its member on the com¬ 
mittee within seven days after notification as above 
provided, the Commission shall appoint a person to 
fill the vacancy and notify the parties to that effect. 
The party filing his election for a committee of arbi¬ 
tration shall with his election deposit with the Com¬ 
mission the sum of twenty dollars, to be paid by the 
Commission to the arbitrators selected by the parties 
as compensation for their services as arbitrators, and 
upon a failure to deposit as aforesaid, the election 
shall be void and the determination shall be by an 
arbitrator designated by the Commission. The mem¬ 
bers of the committee of arbitration appointed by 
either of the parties or one appointed by the Com¬ 
mission to fill a vacancy by reason of the failure of 
one of the parties to appoint, shall not be a member 
of the Commission or an employee thereof. 

(b) The arbitrator or committee of arbitration 
shall make such inquiries and investigations as he or 
they shall deem necessary, and may examine and in¬ 
spect all books, papers, records, places, or premises 
relating to the questions in dispute, and hear such 
proper evidence as the parties may submit. The hear¬ 
ings before the arbitrator or committee of arbitration 
shall be held in the vicinity where the injury oc¬ 
curred, after ten days’ notice of the time and place of 
such hearing shall have been given to each of the 
parties or their attorneys of record. The decision of 
the arbitrator or committee of arbitration shall be 
filed with the Industrial Commission, which Comrnis- 


153 


sion shall immediately send to each party or his at¬ 
torney a copy of such decision, together with a noti¬ 
fication of the time when it was filed, and unless a 
petition for a review is filed by either party within 
fifteen days after the receipt by said party of the copy 
of said decision and notification of time when filed, 
and unless such party petitioning for a review shall 
within twenty days after the receipt by him of the 
copy of said decision, file with the Commission either 
an agreed statement of the facts appearing upon the * 
hearing before the arbitrator or committee of arbitra¬ 
tion, or if such party shall so elect, a' correct steno¬ 
graphic report of the proceedings at such hearings, 
then the decision shall become the decision of the 
Industrial Commission and in the absence of fraud 
shall be conclusive: Provided, that such Industrial 
Commission may for sufficient cause shown grant fur¬ 
ther time, not exceeding thirty days, in which to peti¬ 
tion for such review or to file such agreed statement 
or stenographic report. Such agreed statement of facts 
or correct stenographic report, as the case may be, 
shall be authenticated by the signatures of the par¬ 
ties or their attorneys and in the event they do not 
agree as to the correctness of the stenographic report 
it shall be authenticated by the signature of the 
arbitrator designated by the Commission. 

(c) The Industrial Commission may appoint, at 
its own expense, a duly qualified, impartial physician 
to examine the injured employee and report to the 
Commission. The fee for this service shall not exceed 
five dollars and traveling expenses, but the Commis¬ 
sion may allow additional reasonable amounts in 
extraordinary cases. The fees and the payment 
thereof of all attorneys and physicians for services 
authorized by the Commission under this Act shall, 
upon request of either the employer or the employee 
or the beneficiary affected, be subject to the review 
and decision of the Industrial Commission. 

(d) If any employee shall persist in insanitary or 


154 


injurious practices which tend to either imperil or 
retard his recovery or shall refuse to submit to such 
medical or surgical treatment as is reasonably essen¬ 
tial to promote his recovery, the Commission may, in 
its discretion, reduce or suspend the compensation of 
any such injured employee. 

(e) If a petition for review and agreed state¬ 
ment of facts or stenographic report is filed, as pro¬ 
vided herein, the Industrial Commission shall 
promptly review the decision of the arbitrator or 
committee of arbitration and all questions of law or 
fact which appear from the said statement of facts 
or stenographic report, and such additional evidence 
as the parties may submit. After such hearing upon 
review, the Commission shall file in its office its 
decision thereon, and shall immediately send to each 
party or his attorney a copy of such decision and a 
notification of the time when it was fied. 

Such review and hearing may be held in its office 
or elsewhere as the Commission may deem advisable: 
Provided, that the taking of testimony on such hear¬ 
ing may be had before any member of the Commis¬ 
sion and in the event either of the parties may desire 
an argument before others of the Commission such 
argument may be had upon written demand therefor 
filed with the Commission within five days after the 
commencement of such taking of testimony, in which 
event such argument shall be had before not less than 
a majority of the Commission:: Provided, that the 
Commission shall give ten days’ notice to the parties 
or their attorneys of the time and place of such tak¬ 
ing of testimony and of such argument. © 

In any case the Commission in its decision may 
in its discretion find specially upon any question or 
questions of law or fact which shall be submitted in 
writing by either party, whether ultimate or other¬ 
wise. Any party may, within twenty days after re¬ 
ceipt of notice of the Commission’s decision, or within 
such further time, not exceeding thirty days, as the 


155 


Commission may grant, file with the Commission 
either an agreed statement of the facts appearing 
upon the hearing, or, if such party shall so elect a 
correct stenographic report of the additional proceed¬ 
ings presented before the Commission, in which report 
the party may embody a correct statement of such 
other proceedings in the case as such party may de¬ 
sire to have reviewed such statement of facts or 
stenographic report to be authenticated by the signa¬ 
tures of the parties or their attorneys, and in the 
event that they do not agree, then the authentication 
of such stenographic report shall be by the signature 
of any member of the Commission. The applications 
for adjustment of claim and other documents in the 
nature of pleadings filed by either party, together 
with the decisions of the arbitrator and of the Indus¬ 
trial Commission and the statement of facts or steno¬ 
graphic reports hereinbefore provided for in para¬ 
graphs (b) and (c) shall be the record of the pro¬ 
ceedings of said Commission, and shall be subject to 
review as hereinafter provided. 

(f) The decision of the Industrial Commission, 
acting within its powers, according to the provisions 
of paragraph (e) of this section shall, in the absence 
of fraud, be conclusive, unless reviewed as in this par¬ 
agraph hereinafter provided. 

(1) The Circuit Court of the county where any 
of the parties defendant may be found shall by writ 
of certiorari to the Industrial Commission have 
power to review all questions of law presented by 
such record, except such as arise in a proceeding in 
which under paragraph (b) of this section a decision 
of the arbitrator or committee of arbitration has be¬ 
come the decision of the Industrial Commission. Such 
writ shall be issued by the Clerk of such court upon 
praecipe. Service upon any member of the Industrial 
Commission or the secretary thereof shall be service 
on the Commission and service upon other parties 
interested shall be by scire facias, or service may be 


156 


made upon said Commission and other parties in in¬ 
terest by mailing notice of the commencement of the 
proceedings and the return day of the writ to the 
office of said Commission and the last known place of 
residence of the other parties in interest at least ten 
days before the return day of said writ. Such suit by 
writ of certiorari shall be commenced within twenty 
days of the receipt of notice of the decision of the 
Commission. 

The Industrial Commission shall not be required 
to certify the record of their proceedings to the Cir¬ 
cuit Court, unless the party commencing the proceed¬ 
ings for review in the Circuit Court, as above pro¬ 
vided, shall pay to the Commission the sum of five 
cents per one hundred words of testimony taken be¬ 
fore said Commission and three cents per one hun¬ 
dred words of all other matters contained in such 
record. 

(2) No such writ of certiorari shall issue unless 
the one against whom the Industrial Commission shall 
have rendered an award for the payment of money 
shall upon the filing of his praecipe for such writ file 
with the clerk of said court a bond conditioned that 
if he shall not successfully prosecute said writ, he will 
pay the said award, and the costs of the proceedings 
in said court. The amount of the bond shall be fixed 
by any member of the Industrial Commission and the 
surety or sureties on said bond shall be approved by 
the clerk of said court. 

The court may confirm or set aside the decision 
of the Industrial Commission. If the decision is set 
aside and the facts found in the proceedings before 
the Commission are sufficient, the court may enter 
such decision as is justified by law, or may remand 
the cause to the Industrial Commission for further 
proceedings, and may state the questions requiring 
further hearing, and give such other instructions as 
may be proper. 


157 


Judgments and orders of the Circuit Court under 
this Act shall be reviewed only by the Supreme Court 
upon a writ of error which the Supreme Court in its 
discretion may order to issue, if applied for not later 
than the second day of the first term of the Supreme 
Court following the rendition of the Circuit Court 
judgment or order sought to be reviewed, provided 
that if the first day of said term is less than thirty 
days from the rendition of said judgment or order, 
then application for said writ of error may be made 
not later than the second day of the second term fol¬ 
lowing the rendition of said judgment or order. 

The writ of error when issued shall operate as a 
supersedeas. 

The bond filed with the praecipe for the writ of 
certiorari as provided in this paragraph shall oper¬ 
ate as a stay of the judgment or order of the Circuit 
Court until the time shall have passed within which 
an application for a writ of error can be made, and 
until the Supreme Court has acted upon the applica¬ 
tion for a writ of error, if such application is made. 

The decision of a majority of the members of a 
committee of arbitration or of the Industrial Com¬ 
mission shall be considered the decision of such com¬ 
mittee or Commission, respectively. 

(g) Either party may present a certified copy of 
the decision of the Industrial Commission, when no 
proceedings for review thereof have been taken, or of 
the decision of such arbitrator or committee or arbi¬ 
tration when no claim for review is made, or of the 
decision of the Industrial Commission after hearing 
upon review, providing for the payment of compensa¬ 
tion according to this Act, to the Circuit Court of the 
county in which such accident occurred or either of 
the parties are residents, whereupon said court shall 
render a judgment in accordance therewith; and in 
case where the employer does not institute proceedings 
for review of the decision of the Industrial Commis¬ 
sion and refuses to pay compensation according to the 


158 


award upon which such judgment is entered, the 
court shall, in entering judgment thereon, tax as costs 
against him the reasonable costs and attorney fees in 
the arbitration proceedings and in the court entering 
the judgment, for the person in whose favor the judg¬ 
ment is entered, which judgment and costs, taxed as 
herein provided shall, until and unless set aside, have 
the same effect as though duly rendered in an action 
duly tried and determined by said court, and shall, 
with like effect, be entered and docketed. The Circuit 
Court shall have power, at any time, upon application, 
to make any such judgment conform to any modifica¬ 
tion required by any subsequent decision of the Su¬ 
preme Court upon appeal, or as the result of any sub¬ 
sequent proceedings for review, as provided in this 
Act. 

Judgment shall not be entered until fifteen days’ 
notice of the time and place of the application for the 
entry of judgment shall be served upon the employer 
by filing such notice with the Industrial Commission, 
which Commission shall, in case it has on file the ad¬ 
dress of the employer or the name and address of its 
agent, upon whom notices may be served, immediately 
send a copy of the notice to the employer or such 
designated agent; and no judgment shall be entered 
in the event the employer shall file with the said Com¬ 
mission its bond, with good and sufficient surety in 
double the amount of the award, conditioned upon 
the payment of said award in the event the said em¬ 
ployer shall fail to prosecute with effect proceedings 
for review of the decision or the said decision, upon 
review, shall be affirmed. 

(h) An agreement or award under this Act, pro¬ 
viding for compensation in installments, may at any 
time within eighteen months after such agreement or 
award be reviewed by the Industrial Commission at 
the request of either the employer or the employee, 
on the ground that the disability of the employee has 
subsequently recurred, increased, diminished or end- 


159 


ed; and on such review, compensation payments may 
he re-established, increased, diminished or ended: 
Provided, that the Commission shall give fifteen days’ 
notice to the parties of the hearing for review: And, 
provided, further, any employee, upon any petition for 
such review being filed by the employer, shall be 
entitled to one day’s notice for each one hundred miles 
necessary to be traveled by him in attending the 
hearing of the Commission upon said petition and 
three days in addition thereto, and such employee, 
shall, at the discretion of the Commission, also be 
entitled to five cents per mile, necessarily traveled by 
him in attending such hearing not to exceed a dis¬ 
tance of 300 miles, to be taxed by the Commission as 
costs and deposited with the petition of the employer. 

(i) Each party, upon taking any proceedings or 
steps whatsoever before any arbitrator, committee 
of arbitration, Industrial Commission or court, shall 
file with the Industrial Commission his address, or 
the name and address of an agent upon whom all 
notices to be given to such party shall be served, 
either personally or by registered mail addressed to 
such party or agent at the last address so filed with 
the Industrial Commission: Provided, that in the 
event such party has not filed his address, or the 
name and address of an agent, as above provided, 
service of any notice may be had by filing such notice 
with the Industrial Commission. 

(j) Whenever in any proceeding testimony has 
been taken or a final decision has been rendered, and 
after the taking of such testimony, or after such de¬ 
cision has become final, the injured employee dies, 
then in any subsequent proceeding brought by the 
personal representative or beneficiaries of the de¬ 
ceased employee, such testimony in the former pro¬ 
ceeding may be introduced with the same force and 
effect as though the witness having so testified were 
present in person in such subsequent proceeding and 
such final decision, if any, shall be taken as a final 


1G0 


adjudication of any of the issues which are the same 
in both proceedings. 

(k) In any case where there has been any un¬ 
reasonable or vexatious delay of payment or inten¬ 
tional underpayment of compensation, or proceedings 
have been instituted or carried on by the one liable 
to pay the compensation, which do not present a real 
controversy, but are merely frivolous or for delay, 
then the Commission may award compensation ad¬ 
ditional to that otherwise payable under this Act 
equal to fifty percentum of the amount payable at the 
time of such award. (Amended by Act approved 
June 28, 1919.) 

§ 20. Industrial board to report to governor.] 
The Industrial Board shall report in writing to the 
Governor on the 30th day of June, annually, the de¬ 
tails and results of its administration of this Act, in 
accordance with the terms of this Act, and may pre¬ 
pare and issue such special bulletins and reports from 
time to time as in the opinion of the board seems ad¬ 
visable. 

§ 21. Award not subject to lien—lien when 
employer insolvent—death.] No payment, claim, 
award or decision under this Act shall be assignable 
or subject to any lien, attachment or garnishment, or 
be held liable in any way for any lien, debt, penalty 
or damages. A decision or award of the Industrial 
Commission against an employer for compensation 
under this Act, or a written agreement by an em¬ 
ployer to pay such compensation shall, upon the filing 
of a certified copy of the decision or said agreement, 
as the case may be, with the Recorder of Deeds of the 
County, constitute a lien upon all property of the em¬ 
ployer within said county, paramount to all other 
claims or liens, except mortgages, trust deeds, or for 
wages or taxes, and such liens may be enforced in the 
manner provided for the foreclosure of mortgages 
under the laws of this State. Any right to receive 
compensation hereunder shall be extinguished by the 


161 


death of the person or persons entitled thereto, sub¬ 
ject to the provisions of this Act relative to compensa¬ 
tion for death received in the course of employment: 
Provided, that upon the death of a beneficiary, who is 
receiving compensation provided for in section 7, leav¬ 
ing surviving a parent, sister or brother of the de¬ 
ceased employee, at the time of his death dependent 
upon him for support, who were receiving from such 
beneficiary a contribution to support, then that pro¬ 
portion of the compensation of the beneficiary which 
would have been paid but for the death of the bene¬ 
ficiary, but in no event exceeding said unpaid com¬ 
pensation, which the contribution of the beneficiary to 
the dependent’s support within one year prior to the 
death of the beneficiary bears to the compensation of 
the beneficiary within that year, shall be continued 
for the benefit of such dependents, notwithstanding 
the death of the beneficiary. (Amended by Act ap¬ 
proved June 28, 1619.) 

§ 22. Contract within seven days after injury 
presumed fraudulent.] Any contract or agreement 
made by any employer or his agent or attorney with 
any employee or any other beneficiary of any claim 
under the provisions of this Act within seven days 
after the injury shall be presumed to be fraudulent. 

§ 23. Waiver of provisions must be approved by 
industrial board.] No employee, personal represent¬ 
ative, or beneficiary shall have pow r er to waive any of 
the provisions of this Act in regard to the amount of 
compensation wilich may be payable to such em¬ 
ployee, personal representative or beneficiary here¬ 
under except after approval by the Industrial Board. 

§ 24. Notice of accident.] No proceedings for 
compensation under this Act shall be maintained un¬ 
less notice of the accident has been given to the em¬ 
ployer as soon as practicable, but not later than 30 
days after the accident. In case of mental incapacity 
of the employee, notice must be given within six 


162 


months after such accident. No defect or inaccuracy 
of such notice shall he a bar to the maintenance of 
proceedings by arbitration or otherwise by the em¬ 
ployee, unless the employer proves that he is unduly 
prejudiced in such proceedings by such defect or inac¬ 
curacy. Notice of the accident shall state the name 
and address of the employee injured, the approximate 
date and place of the accident, if known, and in 
simple language the cause thereof; which notice may 
be served personally or by registered mail, addressed 
to the employer at his last known residence or place 
of business: Provided, that the failure on the part of 
any person entitled to such compensation to give such 
notice shall not relieve the employer from his liability 
for such compensation, when the facts and circum¬ 
stances of such accident are known to such employer, 
his agent or vice principal in the enterprise. No pro¬ 
ceedings for compensation under this Act shall be 
maintained unless claim for compensation has been 
made within six months after the accident, or in the 
event that payments have been made under the pro¬ 
visions of this Act unless written claim for compensa¬ 
tion has been made within six months after such pay¬ 
ments have ceased and a receipt therefor or a state¬ 
ment of the amount of compensation paid shall have 
been filed with the Commission: Provided , that no 
employee who after the accident returns to the em¬ 
ployment of the employer in whose services he was 
injured shall be barred for failure to make such claim 
if an application for adjustment of such claim is filed 
with the Industrial Commission within eighteen 
months after he returns to such employment and the 
said Commission shall give notice to the employer of 
the tiling of such application in the manner provided 
in this Act. (Amended by Act approved June 28, 
1010 .) 

§ 25. HOW EMPLOYEE MAY BE RELIEVED OF LIABIL¬ 
ITY for compensation.] Any employer against whom 
liability may exist for compensation under this Act, 


163 


may, with the approval of the Industrial Board, he 
relieved therefrom by: 

(a) Depositing the commuted value of the total 
unpaid compensation for which such liability exists, 
computed at three per centum per annum in the same 
manner as provided in section 9, with the State Treas¬ 
urer, or county treasurer in the county where the 
accident happened, or with any State or National 
hank or trust company doing business in this State, 
or in some other suitable depository approved by the 
Industrial Board: Provided, that any such depository 
to which such compensation may he paid shall pay 
the same out in installments as in this Act provided, 
unless such sum is ordered paid in, and is commuted 
to, a lump sum payment in accordance with the pro¬ 
visions of this Act. 

(b) By the purchase of an annuity, in an amount 
of compensation due or computed, under this Act 
within the limitation provided by law, in any insur¬ 
ance company granting annuities and licensed or per¬ 
mitted to do business in this State, which may be des¬ 
ignated by the employer, or the Industrial Board. 

§ 20. Provision to be made by employer electing 

TO PAY COMPENSATION — APPROVAL OF INDUSTRIAL BOARD 
- WHEN PROVISION NOT MADE OR NOT APPROVED - INSUR¬ 
ANCE liability — failure to comply.] (a) Any em¬ 
ployer who shall come within the provisions of section 
3 of this Act, and any other employer who shall elect 
to provide and pay the compensation provided for in 
this Act shall: 

(1) File with the Commission a sworn statement 
showing his financial ability to pay the compensation 
provided for in this Act, or 

(2) Furnish security, indemnity or a bond guar¬ 
anteeing the payment by the employer of the compen¬ 
sation provided for in this Act, or 

(3) Insure to a reasonable amount his liability 
to pay such compensation in some corporation or 


164 


organization authorized, licensed or permitted to do 
such insurance business in this State, or 

(4) Make some other provisions for the securing 
of the payment of compensation provided for in this 
Act, and 

(5) Upon becoming subject to this Act and 
thereafter as often as the Commission may in writing 
demand, tile with the Commission in form prescribed 
by it evidence of his compliance with the provisions 
of this paragraph. 

(b) The sworn statement of financial ability, or 
security, indemnity or bond, or amount of insurance, 
or other provisions, filed, furnished, carried, or made 
by the employer, as the case may be, shall be subject 
to the approval of the Commission, upon the approval 
of which, the Commission shall send to the employer 
written notice of its approval thereof. The filing with 
the Commission of evidence of compliance with para¬ 
graph (a) of this section as therein provided shall 
constitute such compliance until ten days after writ¬ 
ten notice to the employer of the disapproval by the 
Commission. 

(c) Whenever the Industrial Commission shall 
find that any corporation, company, association, ag¬ 
gregation of individuals, or other insurer affecting 
workmen’s compensation insurance in this State shall 
be insolvent, financially unsound, or unable to fully 
meet all payments and liabilities assumed or to be 
assumed for compensation insurance in this State, or 
shall practice a policy of delay or unfairness toward 
employees in the adjustment, settlement, or payment 
of benefits due such employees, the said Industrial 
Commission may after reasonable notice and hearing 
order and direct that such corporation, company, as¬ 
sociation, aggregation of individuals, or insurer, shall 
from and after a date fixed in such order discontinue 
the writing of any such workmen’s compensation in¬ 
surance in this State. Subject to such modification of 
said order as the Commission may later make on re- 


1G5 


view of said order, as herein provided, it shall there¬ 
upon be unlawful for any such corporation, company, 
association, aggregation of individuals, or insurer to 
effect any workmen’s compensation insurance in this 
State. Any such order made by said Industrial Com¬ 
mission shall be subject to review by the courts, as in 
the case of other orders of said Industrial Commis¬ 
sion, provided that upon said review the Circuit Court 
shall have power to review all questions of fact as 
well as of law. 

(d) The failure or neglect of an employer to com¬ 
ply with the provisions of paragraph (a) of this sec¬ 
tion shall be deemed a misdemeanor punishable by a 
fine equal to ten cents per each employee of such em¬ 
ployer, at the time of such failure or neglect, but not 
less than one dollar nor more than fifty dollars, for 
each day of such refusal or neglect until the same 
ceases. Each day of such refusal or neglect shall con¬ 
stitute a separate offense. (Amended by Act ap¬ 
proved June 28, 1919.) 

§ 27. Not affect continuance of any existing 

INSURANCE, ETC.-NOT PREVENT EMPLOYER FROM IN¬ 
SURING-EMPLOYEE MAY INSURE FOR ADDITIONAL BENE¬ 

FITS.] (a) This Act shall not affect or disturb the 
continuance of any existing insurance, mutual aid, 
benefit or relief association or department, whether 
maintained in whole or in part by the employer or 
whether maintained by the employees, the payment of 
benefits of such association or department being 
guaranteed by the employer or by some person, firm 
or corporation for him: Provided, the employer con¬ 
tributes to such association or department an amount 
not less than the full compensation herein provided, 
exclusive of the cost of the maintenance of such 
association or department and without any expense to 
the employee. This Act shall not prevent the organ¬ 
ization and maintaining under the insurance laws of 
this State of any benefit or insurance company for 
the purpose of insuring against the compensation pro- 


166 


vided for in this Act, the expense of which is main¬ 
tained by the employer. This Act shall not prevent 
the organization or maintaining under the insurance 
laws of this State of any voluntary mutual aid, 
benefit or relief association among employees for the 
payment of additional accident or sick benefits. 

(b) No existing insurance, mutual aid, benefit or 
relief association or department shall, by reason of 
anything herein contained be authorized to discontinue 
its operation without first discharging its obligations 
•to any and all persons carrying insurance in the same 
or entitled to relief or benefits therein. 

(c) Any contract, oral, written or implied, of em¬ 
ployment providing for relief benefit, or insurance or 
any other device whereby the employee is required to 
pay any premium or premiums for insurance against 
the compensation provided for in this Act shall be null 
and void, and any employer withholding from the 
wages of any employee any amount for the purpose 
of paying any such premium shall be guilty of a mis¬ 
demeanor and punishable by a fine of not less than 
ten dollars nor more than one thousand dollars, or 
imprisonment in the county jail for not more than six 
months, or both, in the discretion of the court. 

§ 28. In case of employer’s insolvency subro¬ 
gated TO HIS RIGHTS AGAINST ANY INSURANCE COM¬ 
PANY.] In the event the employer does not pay the 
compensation for which he is liable, then an insur¬ 
ance company, association or insurer which may have 
insured such employer against such liability shall be¬ 
come primarily liable to pay to the employee, his per¬ 
sonal representative or beneficiary the compensation 
required by the provisions of this Act to be paid by 
such employer. The insurance carrier may be made 
a party to the proceedings to which the employer is a 
party and an award may be entered jointly against 
the employer and the insurance carrier. (Amended 
by Act approved June 28, 1919.) 

§ 29. Where injury caused under circumstances 


167 


CREATING A LEGAL LIABILITY IN SOME PERSON OTHER 

than the employer.] Where an injury or death for 
which compensation is payable by the employer under 
this Act, was not proximately caused by the negli¬ 
gence of the employer or his employees, and was 
caused under circumstances creating a legal liability 
for damages in some person other than the employer 
to pay damages, such other person having also elected 
to be bound by this Act, or being bound thereby under 
section three (3) of this Act, then the right of the 
employee or personal representative to recover against 
such other person shall be subrogated to his employer 
and such employer may bring legal proceedings 
against such other person to recover the damages sus¬ 
tained in an amount not exceeding the aggregate 
amount of compensation payable under this Act, by 
reason of the injury or death of such employee. 
Where the injury or death for which compensation is 
payable under this Act, was not proximately caused 
by the negligence of the employer or his employees 
and was caused under circumstances creating a legal 
liability for damages on the part of some person other 
than the employer to pay damages, such other person 
having elected not to be bound by this Act, then legal 
proceedings may be taken against such other person 
to recover damages notwithstanding such employer’s 
payment of or liability to pay compensation under 
this Act, but in such case if the action against such 
other person is brought by the injured employee or his 
personal representative and judgment is obtained and 
paid, or settlement is made with such other person, 
either with or without suit, then from the amount 
received by such employee or personal representative 
there shall be paid to the employer the amount of 
compensation paid or to be paid by him to such em¬ 
ployee or his personal representative: Provided , that 
if the injured employee or his personal representative 
shall agree to receive compensation from the employer 
or to institute proceedings to recover the same or 


168 


.accept from the employer any payment on account of 
such compensation, such employer shall be subrogated 
to all the rights of such employee or personal repre¬ 
sentative and may maintain, or in case an action has 
already been instituted, may continue an action either 
in the name of the employee or personal representa¬ 
tive or in his own name against such other person for 
the recovery of damages to which but for this section 
the said employee or personal representative would 
be entitled, but such employer shall nevertheless pay 
over to the injured employee or personal representa¬ 
tive, all sums collected from such other person by 
judgment or otherwise in excess of the amount of 
such compensation paid or to be paid under this Act, 
and all costs, attorneys’ fees and reasonable expenses 
incurred by such employer in making such collection 
and enforcing such liability. (Amended by Act ap¬ 
proved June 25, 1917.) 

§ 30. Report of accident, etc., by employer to 
industrial board.] It shall be the duty of every em¬ 
ployer within the provisions of this Act to send to the 
Industrial Board in writing an immediate report of 
all accidental injuries arising out of or in the course 
of the employment and resulting in death; it shall 
also be the duty of every such employer to report be¬ 
tween the 15tli and the 25th of each month to the In¬ 
dustrial Board all accidental injuries for which com¬ 
pensation has been paid under this Act, which injuries 
entail a loss to the employee of more than one week’s 
time, and in case the injury results in permanent dis¬ 
ability, a further report shall be made as soon as it is 
determined that such permanent disability has re¬ 
sulted or will result from such injury. All reports 
shall state the date of the injury, including the time 
of day or night, the nature of the employer's business, 
the name, address, the age, sex, conjugal condition of 
the injured person, the specific occupation of the in¬ 
jured person, the direct cause of the injury and the 
nature of the accident, the character of the injury, 


129 


year and for terms of each year thereafter: Provided, 
any such employer who may have once elected, may 
elect not to provide and pay the compensation herein 
provided for accidents resulting in either injury or 
death and occurring after the expiration of any such 
calendar year by filing notice of such election with 
the Industrial Board at least sixty days prior to the 
expiration of any such calendar year, and by posting 
such notice at a conspicuous place in the plant, shop, 
office, room or place where such employee is employed, 
or by personal service, in written or printed form, 
upon such employee, at least sixty (GO) days prior to 
the expiration of any such calendar year. 

(c) In the event any employer mentioned in this 
section, elects to provide and pay the compensation 
provided in this Act, then every employee of such 
employer, as a part of his contract of hiring or who 
may be employed at the time of the taking effect of 
this Act and the acceptance of its provisions by such 
employer, shall be deemed to have accepted all the 
provisions of this Act and shall be bound thereby un¬ 
less within thirty (30) days after such hiring or after 
the taking effect of this Act, and its acceptance by 
sucli employee, he shall file a notice to the contrary 
with the Industrial Board, whose duty it shall be to 
immediately notify the employer, and until such notice 
to the contrary is given to the employer, the measure 
of liability of such employer shall be determined ac¬ 
cording to the compensation provisions of this Act: 
Provided, however, that any employee may withdraw 
from the operation of this Act upon filling a written 
notice of withdrawal at least ten (10) days prior to 
January 1st of any year with the Industrial Board, 
whose duty it shall be to immediately notify such em¬ 
ployer by registered mail, and, until such notice to the 
contrary is given to such employer, the measure of 
liability of such employer shall be determined accord¬ 
ing to the compensation provisions of this Act. 

(d) Any such employer or employee may, with- 


130 


out prejudice'to any existing right or claim, withdraw 
his election to reject this Act by giving thirty (30) 
days* written notice in such manner and form as may 
he provided by the Industrial Board. (Amended by 
Act approved June 25, 1917.) 

§ 12. Repealed.] Section two of an Act entitled, 
“An Act to promote the general welfare of the people 
of this State by providing compensation for accidental 
injuries or death suffered in the course of employ¬ 
ment within this State; providing for the enforcement 
and administering thereof, and a penalty for its 
violation, and repealing an Act entitled, ‘An Act to 
promote the general welfare of the people of this 
State by providing compensation for accidental inju¬ 
ries or death suffered in the course of employment, 
approved June 10, 1911, in force May 1, 1912,’ ” ap¬ 
proved June 28, 1913, in force July 1, 1913, as subse¬ 
quently amended, is hereby repealed. (Amended by 
Act approved June 25, 1917. 

§ 3. Applies Automatically.] The provisions of 
this Act hereinafter following shall apply automat¬ 
ically, and without election to the State, county, city, 
town, township, incorporated village or school district, 
body politic or municipal corporation, and to all em¬ 
ployers and their employees, engaged in any of the 
following enterprises or businessses which are de¬ 
clared to he extra hazardous, namely: 

1. The erection, maintaining, removing, remodel¬ 
ing, altering or demolishing of any structure, except 
as provided in sub-paragraph 8 of this section. 

2. Construction, excavating or electrical work, 
except as provided in sub-paragraph 8 of this section. 

3. Carriage by land or water and loading or un¬ 
loading in connection therewith, including the dis¬ 
tribution of any commodity by horse-drawn or motor 
driven vehicle where the employer employs more 
than three employees in the enterprise or business, ex¬ 
cept as provided in sub-paragraph 8 of this section. 


131 


4. The operation of any warehouse or general or 
terminal store houses. 

5. Mining, surface mining or quarrying. 

6. Any enterprise in which explosive materials 
are manufactured, handled or used in dangerous 
quantities. 

7. In any enterprise wherein molten metal, or 
explosive or injurious gases or vapors, or inflammable 
vapors or fluids, or corrosive acids, are manufactured, 
used, generated, stored or conveyed in dangerous 
quantities. 

8. In any enterprise in which statutory or mu¬ 
nicipal ordinance regulations are now or shall here¬ 
after be imposed for the regulating, guarding, use or 
the placing of machinery or appliances or for the pro¬ 
tection and safeguarding of the employees or the 
public therein; each of which occupations, enterprises 
or businesses are hereby declared to be extra hazard¬ 
ous : Provided, nothing contained heerin shall be con¬ 
strued to apply to any work, employment or opera¬ 
tions done, had or conducted by farmers and others 
engaged in farming, tillage of the soil, or stock rais¬ 
ing, or to those who rent, demise or lease land for any 
such purposes, or to any one in their employ or to any 
work done on a farm, or country place, no matter 
what kind of work or service is being done or ren¬ 
dered. (Amended by Act approved June 28, 1919.) 

§ SYj- Pleadings—certificate.] (a) If the plain¬ 
tiff in any action mentioned in section 3 shall in his 
declaration or in his other pleading allege that the 
employer has filed notice of his election not to pro¬ 
vide and pay compensation according to the provisions 
of the Workmen’s Compensation Act and such allega¬ 
tion he not denied by a verified pleading, then such 
employer shall for the purpose of that action be con¬ 
clusively presumed to have filed his notice of 11011 - 
election. 

(b) A certificate of the fact of the filing by an 
employer of the notice of non-election provided in sec- 


132 


tion 2 and of the non-withdrawal thereof shall be 
prima facie proof in any action mentioned in section 3 
of the fact of the filing of such notice of non-election 
and of the non-withdrawal thereof. Such certificate 
may be under the seal of the Industrial Board and 
signed by any member or the secretary thereof, of 
which seal and signature as such officer the court 
shall take judicial notice. Said certificate may be in 
substantially the following form: 

This is to certify that the attached is a correct 
copy of notice filed with the Industrial Board by 

.on the.day 

of.. 19_, electing not to 

provide and pay compensation according to the pro¬ 
visions of the Workmen’s Compensation Act of Illi¬ 
nois, and that the original of said notice is now on 
file in the office of the Industrial Board and has not 
been withdrawn since the date of the filing thereof. 

In witness whereof, this certificate has been sub¬ 
scribed and the seal of the Industrial Board affixed 
this..day of., 19.... 


.of Industrial Board. 

(Amended by Act approved May 31, 1917.) 

§ 4. Term “employer” — how construed.] The 
term “employer” as used in this Act shall be con¬ 
strued to be: 

First — The State, and each county, city, town, 
township, incorporated village, school district, body 
politic, or municipal corporation therein. 

Second — Every person, firm, public or private 
corporation, including hospitals, public service, elee¬ 
mosynary, religious or charitable, corporations or 
associations who has any person in service or under 
any contract for hire, express or implied, oral or 
written, and who is engaged in any of the enterprises 
or businesses enumerated in section three (3) of this 
Act, or who at or prior to the time of the accident to 
the employee for which compensation under this Act 









133 


may be claimed, shall in the manner provided in this 
Act, have elected to become subject to the provisions 
of this Act, and who shall not, prior to such accident, 
have effected a withdrawal of such election in the 
manner provided in this Act. (Amended by Act ap¬ 
proved June 25, 1917.) 

§ 5. Term “employee”—how construed.] The 
term “employee” as used in this Act, shall be con¬ 
strued to mean: 

First —Every person in the service of the State, 
county, city, town, township, incorporated village or 
school district, body politic or municipal corporations 
therein, under appointment, or contract of hire, ex¬ 
press or implied, oral or written, except any official 
of the State, or of any county, city, town, township, 
incorporated village, school district, body politic or 
municipal corporation therein: Provided, that any 
such employee, his personal representative, benefi¬ 
ciaries or heirs, who is, are or shall be entitled to 
receive a pension or benefit for or on account of disa¬ 
bility or death arising out of or in the course of his 
employment from a pension or benefit fund to which 
the State or any county, town, township, incorporated 
village, school district, body politic or municipal cor¬ 
poration therein is a contributor, in whole or in part, 
shall be entitled to receive only such part of pension 
or benefit as in excess of the amount of compensation 
recovered and received by such employee, his per¬ 
sonal representative, beneficiaries or heirs under this 
Act: And, provided, further, that one employed by a 
contractor who has contracted with the State, or a 
county, city, town, township, incorporated village, 
school district, body politic or municipal corporation, 
therein, through its. representatives, ^liall not be con¬ 
sidered, as an employee of the State, county, city, 
town, township, incorporated village, school district, 
body politic or municipal corporation which made the 
contract. 

Second —Every person in the service of another 


134 


under any contract of hire, express or implied, oral or 
written, including aliens, and minors who are legally 
permitted to work under the laws of the State, who, 
for the purpose of this Act, shall be considered the 
same and have the same power to contract, receive 
payments and give quittances therefor, as adult em¬ 
ployees, but not including any person who is not 
engaged in the usual course of the trade, business, 
profession or occupation of his employer: Provided , 
that employees shall not he included within the provi¬ 
sions of this Act when excluded by the laws of the 
United States relating to liability of employers to 
their employees for personal injuries where such laws 
are held to be exclusive. (Amended by Act approved 
May 31, 1917.) 

§ 6. Employee’s right to recover damages.] No 
common law or statutory right to recover damages for 
injury or death sustained by any employee while 
engaged in the line of his duty as such employee other 
than the compensation herein provided shall be 
available to any employee who is covered by the pro¬ 
visions of this Act, to any one wholly or partially 
dependent upon him, the legal representatives of his 
estate, or any one otherwise entitled to recover dam¬ 
ages for such injury. 

§ 7. Amount of compensation for injury result¬ 
ing in death.] The amount of compensation which 
shall be paid for an injury to the employee resulting 
in death shall be: 

(a) If the employee leaves any widow, child or 
children whom he was under legal obligations to sup¬ 
port at the time of his injury, a sum equal to four 
times the average annual earnings of the employee, 
but not less in any event than one thousand six hun¬ 
dred fifty dollars and not more in any event than 
three thousand live hundred dollars. Any compensa¬ 
tion payments other than necessary medical, surgical 
or hospital fees or services shall be deducted in ascer¬ 
taining the amount payable on death. 


(b) If no amount is payable under paragraph 
(a) of this section and the employee leaves any par¬ 
ent, husband, child or children who at the time of 
injury were totally dependent upon the earnings of 
the employee, then a sum equal to four times the 
average annual earnings of the employee, but not less 
in any event than one thousand six hundred fifty dol¬ 
lars, and not more in any event than three thousand 
five hundred dollars. 

(c) If no amount is payable under paragraphs 
(a) or (b) of this section and the employee leaves 
any parent, child or children, grandparent or grand¬ 
child, who at the time of injury were dependent upon 
the earnings of the employee, then such proportion of 
a sum equal to four times the average annual earn¬ 
ings of the employee as such dependency bears to total 
dependency, but not less in any event than one 
thousand six hundred fifty dollars and not more in 
any event than three thousand five hundred dollars. 
Any compensation payments other than necessary 
medical, surgical or hospital fees or services shall be 
deducted in ascertaining the amounts payable on 
death. 

(d) If no amount is payable under paragraphs 
(a), (b) or (c) of this section and the employee 
leaves collateral heirs dependent at the time of the 
injury to the employee upon his earnings, such a per¬ 
centage of the sum provided in paragraph (a) of this 
section as the average annual contributions which the 
deceased made to the support of such dependent col¬ 
lateral heirs during the two years preceding the in¬ 
jury bears to his average annual earnings during such 
two years. 

(e) If no amount is payable under paragraphs 
(a), (b), (c), or (d) of this section, a sum not to 
exceed one hundred and fifty dollars for burial ex¬ 
penses to be paid by the employer to the undertaker 
or to the person or persons incurring the expense of 
burial. 


136 


(f) For all compensation, except for burial ex¬ 
penses provided in this section to be paid in case in¬ 
jury results in death, shall be paid in installments 
equal to one-half the average earnings, at the same 
intervals at which the wages or earnings of the em¬ 
ployee were paid; or if this shall not be feasible, then 
the installments shall be paid weekly: Provided, such 
compensation may be paid in a lump sum upon peti¬ 
tion as provided in section 9 of this Act. 

(g) The compensation to be paid for injury 
which results in death, as provided in this section, 
shall be paid to the persons who form the basis for 
determining the amount of compensation to be paid 
by the employer, the respective shares to be in the 
proportion of their respective dependency at the time 
of the injury on the earnings of the deceased: Pro¬ 
vided, that the Industrial Commission or an arbitrator 
thereof may, in its or his discretion, order or award 
the payment to the parent or grandparent of a child 
for the latter’s support the amount of compensation 
which but for such order or award would have been 
paid to such child as its share of the compensation 
payable, which order or award may be modified from 
time to time by the Commission in its discretion with 
respect to the persons to whom shall be paid the 
amount of said order or award remaining unpaid at 
the time of said modification. 

The payments of compensation by the employer 
in accordance with the order or award of the Indus¬ 
trial Commission shall discharge such employer from 
all further obligation as to such compensation. 

In a case where any of the persons who would be 
entitled to compensation is living at any place outside 
of the United States, then payment shall be made to 
the personal representative of the deceased employee. 
The distribution by such personal representative to 
the persons entitled shall be made to such persons and 
in such manner as the Commission shall order. 

(h) 1. Whenever in paragraph (a) of this sec- 


137 


tion a minimum of one thousand six hundred fifty 
dollars is provided, such minimum shall be increased 
in the following cases to the following amounts: 

One thousand seven hundred fifty dollars in case 
of a widow and one child under the age of 16 years 
at the time of the death of the employee. 

One thousand eight hundred fifty dollars in case 
of a widow and two or more children under the age 
of 16 years at the time of the death of the employee. 

2. Wherever in paragraph (a) of this section a 
maximum of three thousand five hundred dollars is 
provided, such maximum shall be increased in the 
following cases to the following amounts: 

Three thousand seven hundred fifty dollars in 
case of a widow and one child under the age of 16 
years at the time of. the death of the employee. 

Four thousand dollars in case of a widow and 
tw r o or more children under the age of 16 years at 
the time of the death of the employee. (Amended by 
Act approved June 28, 1919. 

§ 8. Amount of compensation.] The amount of 
compensation which shall be paid to the employee for 
an injury not resulting in death shall be: 

(a) The employer shall provide the necessary 
first aid medical and surgical services; all necessary 
hospital services during the period for which com¬ 
pensation may be payable; also all necessary medical 
and surgical services for a period not longer than 
eight weeks, not to exceed, however, an amount of 
two hundred dollars, and in addition such medical or 
surgical services in excess of such limits as may be 
necessary during the time such hospital services are 
furnished. All of the foregoing services shall be lim¬ 
ited to those which are reasonably required to cure 
and relieve from the effects of the injury. The em¬ 
ployee may elect to secure his own physician, surgeon 
or hospital services at his own expense. 

(b) If the period of temporary total incapacity 
for work lasts for more than six working days, com- 


138 


pensation equal to fifty percentum of the earnings, 
but not less than $7.00 nor more than $12.00 per 
week, beginning on the eighth clay of such temporary 
total incapacity and continuing as long as the tempo¬ 
rary total incapacity lasts, but not after the amount 
of compensation paid equals the amount which 
would have been payable as a death benefit under 
paragraph (a), section 7, if the employee had died as 
a result of the injury at the time thereof, leaving 
heirs surviving as provided in said paragraph (a), 
section 7: Provided, that in the case where tempo¬ 
rary total incapacity for work continues for a period 
of four weeks from the day of the injury, then com¬ 
pensation shall commence on the day after the injury. 

(c) For any serious and permanent disfigurement 
to the hand, head or face, the employee shall be en¬ 
titled to compensation for such disfigurement, the 
amount fixed by agreement or by arbitration in ac¬ 
cordance with the provisions of this Act, which 
amount shall not exceed one-quarter of the amount 
of the compensation which would have been payable 
as a death benefit under paragraph (a), section 7: 
Provided, that no compensation shall be payable under 
this paragraph where compensation is payable under 
paragraph (d), (e) or (f) of this section: And, pro¬ 
vided, further, that when the disfigurement is to the 
hand, head or face as a result of any injury, for 
which injury compensation is not payable under para¬ 
graph (d), (e) or (f) of this section, compensation 
for such disfigurement may be had under this para¬ 
graph. 

(d) If. after the injury has been sustained, the 
employee as a result thereof becomes partially in¬ 
capacitated from pursuing his usual and customary 
line of employment, he shall, except in the cases cov¬ 
ered by the specific schedule set forth in paragraph 

(e) of this section, receive compensation, subject to 
the limitations as to time and maximum amounts 
fixed in paragraphs (b) and (h) of this section, equal 


139 


to fifty percentum of the difference between the aver¬ 
age amount which he earned before the accident, and 
the average amount which he is earning or is able 
to earn in some suitable employment or business after 
the accident. 

(e) For injuries in the following schedule, the 
employee shall receive in addition to compensation 
during the period of temporary total incapacity for 
work resulting from such injury, in accordance with 
the provisions of paragraphs (a) and (b) of this sec¬ 
tion, compensation, for a further period, subject to 
the limitations as to time and amounts fixed in para¬ 
graphs (b) and (h) of this section, for the specific- 
loss herein mentioned, as follows, but shall not re¬ 
ceive any compensation for such injuries under any 
other provisions of this Act. 

1. For the loss of a thumb, or the permanent and 
complete loss of its use, fifty percentum of the aver 
age weekly wage during sixty weeks; 

2. For the loss of a first finger, commonly called 
the index finger, or the permanent and complete loss 
of its use, fifty percentum of the average weekly 
wage during thirty-five weeks; 

3. For the loss of a second finger, or the per¬ 
manent and complete loss of its use, fifty percentum 
of the average weekly wage during thirty weeks: 

4. For the loss of a third finger, or the perma¬ 
nent and complete loss of its use, fifty percentum of 
the average weekly wage during twenty weeks; 

5. For the loss of a fourth finger, commonly 
called the little finger, or the permanent and com¬ 
plete loss of its use, fifty percentum of the average 
weekly wage during fifteen weeks; 

6. The loss of the first phalange of the thumb, 
or of any finger shall be considered to be equal to the 
loss of one-half of such thumb or finger and compen¬ 
sation shall be one-half the amount above specified. 

7. The loss of more than one phalange shall be 
considered as the loss of the entire finger or thumb; 


140 


Provided, however, that in no case shall the amount 
received for more than one finger exceed the amount 
provided in this schedule for the loss of a hand; 

8. For the loss of a great toe, fifty percentum of 
the average weekly wage during thirty weeks; 

9. For the loss of one toe other than the great 
toe, fifty percentum of the average weekly wage dur¬ 
ing ten weeks, and for the additional loss of one or 
more toes other than the great toe, fifty percentum of 
the average weekly wage during an additional ten 
weeks; 

10. The loss t)f the first phalange of any toe shall 
be considered to be the equal to the loss of one-half 
of such toe, and compensation shall be one-half of the 
amount above specified; 

11. The loss of more than one phalange shall be 
considered as the loss of the entire toe; 

12. For the loss of a hand, or the permanent and 
complete loss.of its use, fifty percentum of the aver¬ 
age weekly wage during one hundred and fifty 
weeks; 

13. For the loss of an arm or the permanent and 
complete loss of its use, fifty percentum of the aver¬ 
age weekly wage during two hundred weeks; 

14. For the loss of a foot, or the permanent and 
complete loss of its use, fifty percentum of the aver¬ 
age weekly wage during one hundred and twenty-five 
weeks; 

15. For the loss of a leg, or the permanent and 
complete loss of its use, fifty percentum of the aver¬ 
age weekly wage during one hundred and seventy-five 
weeks; 

16. For the loss of the sight of an eye or for the 
permanent and complete loss of its use, fifty per¬ 
centum of the average weekly wage during one hun¬ 
dred weeks; 

17. For the permanent partial loss of use of a 
member or sight of an eye, fifty percentum of the 
average weekly wage during that portion of the num- 


141 


ber of weeks in the foregoing schedule provided for 
the loss of such member or sight of an eye which the 
partial loss of use thereof bears to the total loss of 
use of such member or sight of eye. 

18. The loss of both hands, or both arms, or both 
feet, or both legs, or both eyes, or of any two there¬ 
of, or the permanent and complete loss of use there¬ 
of, shall constitute total and permanent disability, to 
be compensated according to the compensation fixed 
by paragraph (f) of this section: Provided, that these 
specific cases of total and permanent disability shall 
not be construed as excluding other cases. 

(f) In case of complete disability, which renders 
the employee wholly and permanently incapable of 
work, compensation equal to fifty percentum of his 
earnings, but not less than $7.00 nor more than 
$12.00 per week, commencing on the day after the 
injury, and continuing until the amount paid equals 
the amount which would have been payable as a 
death benefit under paragraph (a), section 7, if the 
employee had died as a result of the injury at the 
time thereof, leaving heirs surviving as provided in 
said paragraph (a), section 7, and thereafter a pen¬ 
sion during life annually equal to 8 per cent of the 
amount which would have been payable as a death 
benefit under paragraph (a), section 7, if the em¬ 
ployee. had died as a result of the injury at the time 
thereof, leaving heirs surviving, as provided in said 
paragraph (a), section 7. Such pension shall not be 
less than $10.00 per month and shall be payable 
monthly. 

(g) In case death occurs as a result of the injury 
before the total of the payments made equals the 
amount payable as a death benefit, then in case the 
employee leaves any widow, child, or children, par¬ 
ents, grandparents, or other lineal heirs, entitled to 
compensation under section 7, the difference between 
the compensation for death and the sum of the pay¬ 
ments made to the employee shall be paid, at the 


1421 


option of the employer, either to the personal repre¬ 
sentative or to the beneficiaries of the deceased em¬ 
ployee, and distributed, as provided in paragraph (f) 
of section 7, but in no case shall the amount payable 
under this paragraph be less than $500.00. 

(h) In no event shall the compensation to be 
paid exceed fifty percentum of the average weekly 
wage or exceed $12.00 per week in amount; nor, ex¬ 
cept in case of complete disability, as defined above, 
shall any payments extend over a period of more than 
eight years from the date of the accident. In case 
an injured employee shall be incompetent at the time 
when any right or privilege accrues to him under the 
provisions of this Act a conservator or guardian may 
be appointed, pursuant to law, and may, on behalf of 
such incompetent, claim and exercise any such right 
or privilege with the same force and effect as if the 
employee himself had been competent and had claimed 
or exercised said right or privilege; and no limita¬ 
tions of time by this Act provided shall run so long 
as said incompetent employee is without a conservator 
or a guardian. 

(i) All compensation provided for in paragraphs 
(b), (c), (d), (e), and (f) of this section, other than 
cases of pension for life, shall be paid in installments 
at the same intervals at which the wages or earnings 
of the employee were paid at the time of the injury, 
or if this shall not be feasible, then the installments 
shall be paid weekly. 

(j) 1. Wherever in this section there is a pro¬ 
vision for fifty percentum, such percentum shall be 
increased five percentum for each child of the em¬ 
ployee under 16 years of age at the time of the injury 
to the employee until such percentum shall reach a 
maximum of sixty-five percentum. 

2. Wherever in this section a weekly minimum of 
$7.00 is provided, such minimum shall be increased in 
the following cases to the following amounts: 

$8.00 in case of any employee having one child 


143 


under the age of 1G years at the time of the injury 
to the employee; 

$9.00 in a case of an employee having two chil¬ 
dren under the age of 1G years at the time of the 
injury to the employee; 

$10.00 in a case of an employee having three or 
more children under the age of 1G years at the time 
of the injury to the employee. 

3. Wherever in this section a weekly maximum 
of $12.00 is provided, such maximum shall be in¬ 
creased in the following cases to the following 
amounts: 

$13.00 in case of an employee with one child 
under the age of 16 years at the time of the injury to 
the employee; 

$14.00 in case of an employee with two children 
under the age of 16 years at the time of injury to the 
employee. 

$15.00 in case of an employee with three or more 
children under the age of 16 years at the time of in¬ 
jury to the employee. 

4. The increases in the above percentum and the 
minimum and maximum amount shall be paid only 
so long as the child upon which the increase is based 
remains under the age of 16 years. (Amended by Act 
approved June 28, 1919.) 

§ 9. Where payment in lump sum desired.] 
Any employer or employee or beneficiary who shall 
desire to have such compensation, or any unpaid part 
thereof, paid in a lump sum, may petition the In¬ 
dustrial Board, asking that such compensation be so 
paid, and if, upon proper notice to the interested 
parties and a proper showing made before such board, 
it appears to the interest of the parties that such com¬ 
pensation be so paid, the board may order the com¬ 
mutation of the compensation to an equivalent lump 
sum, which commutation shall be an amount which 
will equal the total sum of the probable future pay¬ 
ments capitalized at their present value upon the 


144 


basis of interest calculated at three percentum per 
annum with annual rests: Provided, that in case in¬ 
dicating complete disability no petition for a commu¬ 
tation to a lump sum basis shall be entertained by the 
Industrial Board until after the expiration of six 
months from the date of the injury, and where neces¬ 
sary, upon proper application being made, a guardian, 
conservator or administrator, as the case may be, may 
be appointed for any person under disability who may 
be entitled to any such compensation, and an employer 
bound by the terms of this Act, and liable to pay such 
compensation, may petition for the appointment of the 
public administrator, or a conservator, or guardian, 
where no legal representative has been appointed or 
is acting for such party or parties so under disability. 
Either party may reject an award of a lump sum pay¬ 
ment of compensation, except an award for compensa¬ 
tion under section 7 or paragraph (e) of section 8 or 
for the injuries defined in the last paragraph of para¬ 
graph (e) of section 8 as constituting total and per¬ 
manent disability, by filing his written rejection 
thereof with the said board within ten days after 
notice to him of the award, in which event compensa¬ 
tion shall be payable in installments as herein pro¬ 
vided. (As amended by Act approved June 28, 1915; 
in force July 1, 1915.) 

§ 10. Basis for computing compensation.] The 
basis for computing the compensation provided for in 
sections 7 and 8 of the Act shall be as follows: 

(a) The compensation shall be computed on the 
basis of the annual earnings which the injured per¬ 
son received as salary, wages or earnings if in the 
employment of the same employer continuously dur¬ 
ing the year next preceding the injury. 

(b) Employment by the same employer shall be 
taken to mean employment by the same employer in 
the grade in which the employee was employed at the 
time of the accident, uninterrupted by absence from 
work due to illness or any other unavoidable cause. 


145 


(c) If the injured person has not been engaged 
in the employment of the same employer for the full 
year immediately preceding the accident, the com¬ 
pensation shall be computed according to the annual 
earnings which persons of the same class in the same 
employment and same location, (or if that be imprac¬ 
ticable, of neighboring employments of the same kind) 
have earned during such period. 

(d) As to employees in employments in which it 
is the custom to operate throughout the working days 
of the year, the annual earnings, if not otherwise 
determinable, shall be regarded as 300 times the 
average daily earnings in such computation. 

(e) As to employees in employments in which it 
is the custom to operate for a part of the whole num¬ 
ber of working days in each year, such number, if the 
annual earnings are not otherwise determinable, shall 
be used instead of 300 as a basis for computing the 
annual earnings: Provided, the minimum number of 
days which shall be so used for the basis of the year’s 
work shall not be less than 200. 

(f) In the case of injured employees who earn 
either no wage or less than the earnings of adult day 
laborers in the same line of employment in that local¬ 
ity, the yearly wage shall be reckoned according to 
the average annual earning of adults of the same 
class in the same (or if that is impracticable then of 
neighboring) employments. 

(g) Earnings, for the purpose of this section, 
shall be based on the earnings for the number of 
hours commonly regarded as a day’s work for that 
employment, and shall exclude overtime earnings. 
The earnings shall not include any sum which the 
employer has been accustomed to pay the employee to 
cover any special expense entailed on him by the 
nature of his employment. 

(h) In computing the compensation to be paid 
to any employee, who, before the accident for which 
he claims compensation, was disabled and drawing 


146 


compensation under the terms of this Act, the com¬ 
pensation for each subsequent injury shall be appor¬ 
tioned according to the proportion of incapacity and 
disability caused by the respective injuries which he 
may have suffered. 

(i) To determine the amount of compensation 
for each installment period, the amount per annum 
shall be ascertained pursuant hereto, and such 
amount divided by the number of installment periods 
per annum. 

§ 11. Compensation measure of responsibility 
employee assumed under act.] The compensation 
herein provided, together with the provisions of this 
Act shall be the measure of the responsibility of any 
employer engaged in any of the enterprises or busi¬ 
nesses enumerated in section three (3) of this Act, or 
of any employer who is not engaged in any such enter¬ 
prises or businesses, but who has elected to provide 
and pay compensation for accidental injuries sus¬ 
tained by any employee arising out of and in the 
course of the employment according to the provision 
of this Act, and whose election to continue under this 
Act, has not been nullified by any action of his em¬ 
ployees as provided for in this Act. (Amended by Act 
approved June 25, 1917.) 

§ 12. Injured employee must submit to ex¬ 
amination.] An employee entitled to receive disabil¬ 
ity payments shall be required, if requested by the 
employer, to submit himself, at the expense of the 
employer, for examination to a duly qualified medical 
practitioner or surgeon selected by the employer, at a 
time and place reasonably convenient for the em¬ 
ployee, as soon as practicable after the injury, and 
also one week after the first examination and there¬ 
after at intervals not oftener than once every four 
weeks, which examination shall be for the purpose of 
determining the nature, extent and probable duration 
of the injury received by the employee, and for the 
purpose, of ascertaining the amount.of compensation 


147 


which may be due the employee from time to time for 
disability according to the provisions of this Act: 
Provided, however, that such examination shall be 
made in the presence of a duly qualified medical prac¬ 
titioner or surgeon provided and paid for by the em¬ 
ployee, if such employees so desires. In all cases 
where the examination is made by a surgeon engaged 
by the employer and the injured employee has no 
surgeon present at such examination, it shall be the 
duty of the surgeon making the examination at the 
instance of the employer to deliver to the injured em¬ 
ployee, upon his request or that of his representative 
a statement in writing of the condition and extent of 
the injury to the same extent that said surgeon reports 
to the employer. If the employee refuses so to sub¬ 
mit himself to examination or unnecessarily obstructs 
the same, his right to compensation payments shall be 
temporarily suspended until such examination shall 
have taken place, and no compensation shall be pay¬ 
able under this Act for such period. It shall be the 
duty of surgeons treating an injured employee who is 
likely to die and treating him at the instance of the 
employer to have called in another surgeon, to be 
designated and paid for by either the injured em¬ 
ployee or by the person or persons who would become 
his beneficiary or beneficiaries to make an examina¬ 
tion before the death of such injured employee. (As 
amended by an Act approved June 28, 1915; in force 
July 1, 1915.) 

§ 13a. Industrial board created — appointment — 
term of office.] There is hereby created a board 
which shall be known as the Industrial Board to con¬ 
sist of five members to be appointed by the Governor, 
by and with the consent of the Senate, two of whom 
shall be representative citizens of the employing class 
operating under this Act, and two of whom shall be 
representative citizens of the class of employees 
operating under this Act, and one of whom shall be a 
representative citizen not identified with either the 


14S 


employing or employee classes and who shall be 
designated by the Governor as chairman. Appoint¬ 
ment of members to places on the first board or to 
fill vacancies on said board may be made during 
recesses of the Senate, but shall be subject to con¬ 
firmation by the Senate at the next ensuing session 
of the Legislature. 

("b) When there shall become effective the Act 
known as “The Civil Administrative Code of Illinois,” 
being an Act entitled “An Act in relation to the civil 
administration of the State Government,” there shall 
thereupon be vested in the Industrial Commission 
and the industrial officers thereof by said Act created, 
all of the powers and duties vested in the Industrial 
Board by the Workmen’s Compensation Act, and 
thereupon wherever in the Workmen’s Compensation 
Act reference shall be made to the Industrial Board, 
the board or to any member thereof, it shall be con¬ 
strued as referring and shall apply to the said In¬ 
dustrial Commission, the said Commission, and any 
industrial officer thereof, respectively. (Amended by 
Act approved June 25, 1917.) 

§ 14. Salary — secretary — clerks — seal.] The 
salary of each of the members of the Commission ap¬ 
pointed by the Governor shall be Five thousand dol¬ 
lars ($5,000.00) per year. The Commission shall 
appoint a secretary and shall employ such assistants 
and clerical help as may be necessary. 

The salary of the arbitrators designated by the 
Commission shall be at the rate of Three thousand 
dollars ($3,000.00) per year. 

The members of the Commission and the arbitra¬ 
tors shall have reimbursed to them their actual travel¬ 
ing expenses and disbursements made or incurred by 
them in the discharge of their official duties while 
away from their places of residence in the perform¬ 
ance of their duties. The Commission shall provide 
itself with a seal for the authentication of its orders, 
awards, and proceedings, upon which shall be in- 


149 


scribed the name of the Commission and the words 
“Illinois—Seal”. (Amended by Act approved June 
28, 1919.) 

§ 15. Jurisdiction—duties.] The Industrial Board 
shall have jurisdiction over the operation and admin¬ 
istration of this Act, and said board shall perform all 
the duties imposed upon it by this Act, and such 
further duties as may hereafter be imposed by law, 
and the rules of the board not inconsistent therewith. 

§ 16. Rules and orders — procedure — powers.] 
The board may make rules and orders for carrying 
out the duties imposed upon it by law, which rules 
and orders shall be deemed prima facie reasonable 
and valid; and the process and procedure before the 
board shall be as simple and summary as reasonably 
may be. The board upon application of either party 
may issue dedimiis potestatem directed to a commis¬ 
sioner, notary public, justice of the peace or any other 
officer authorized by law to administer oaths, to take 
the depositions of such witness or witnesses as may 
be necessary in the judgment of such applicant. Such 
dedimus potestatem may issue to any of the officers 
aforesaid in any state or territory of the United 
States or in any foreign country. The board shall 
have the power to adopt necessary rules to govern the 
issue of such dedimiis potestatem. The board, or any 
member thereof, or any arbitrator designated by said 
board shall have the power to administer oaths, sub¬ 
poena and examine witnesses, to issue subpoenas duces 
tecum, requiring the production of such books, 
papers, records and documents as may be evidence of 
any matter under inquiry, and to examine and in¬ 
spect the same and such places or premises as may 
relate to the question in dispute. Said board, or any 
member thereof, or any arbitrator designated by said 
board, shall on written request of either party to the 
dispute, issue subpoenas for the attendance of such 
witnesses and production of such books, papers, rec¬ 
ords and documents as shall be designated in said 


150 


applications, providing, however, that the parties 
applying for such subpoena shall advance the officer 
and witness fees provided for in suits pending in the 
circuit court. Service of such subpoenas shall be 
made by any sheriff or constable or other person. In 
case any person refuses to comply with an order of 
the board or subpoena issued by it or any member 
thereof, or any arbitrator designated by said board or 
to permit an inspection of places or premises, or to 
produce any books, papers, records, or documents, or 
apy witness refuses to testify to any matters regard¬ 
ing which he may be lawfully interrogated, the county 
court of the county in which said hearing or matter 
is pending, on application of any member of the board 
or any arbitrator designated by the board, shall com¬ 
pel obedience by attachment proceedings, as for con¬ 
tempt, as in a case of disobedience of the require¬ 
ments of a subpoena from such court on a refusal to 
testify therein. 

The board at its expense shall provide a stenog¬ 
rapher to take the testimony and record of proceed¬ 
ings at the hearings before an arbitrator, committee 
of arbitration, or the board, and said stenographer 
shall furnish a transcript of such testimony or pro¬ 
ceedings to any person requesting it upon payment to 
him therefor of live cents per one hundred words for 
the original and three cents per one hundred words 
for each copy of such transcript. 

The board shall have the power to determine the 
reasonableness and fix the amount of any fee or com¬ 
pensation charged by any person for any service per¬ 
formed in connection with this Act, or for which 
payment is to be made under this Act or rendered in 
securing any right under this Act. (Amended by Act 
approved May 13, 1917.) 

§ 17. Blank forms—books and records.] The 
board shall cause to be printed and furnish free of 
charge upon request by any employer or employee 
such blank forms as it shall deem requisite to facili- 


151 


tate or promote the efficient administration of this 
Act, and the performance of the duties of the board; 
it shall provide a proper record in which shall be 
entered and indexed the name of any employer who 
shall file a notice of declination or withdrawal 
under this Act, and the date of the filing thereof; 
and a proper record in which shall be entered 
and indexed the name of any employee who 
shall file such a notice of declination or withdrawal, 
and the date of the filing thereof; and such other 
notices as may be required by the terms and intend¬ 
ment of this Act; and records in which shall be 
recorded all proceedings, orders and awards had or 
made by the board, or by the arbitration committees, 
and such other books or records as it shall deem 
necessary, all such records to be kept in the office of 
the board. 

§ IS. Questions determined by industrial board.] 
All questions arising under this Act, if not settled by 
agreement of the parties interested therein, shall, 
except' as otherwise provided, be determined by the 
Industrial Board. 

§ 19. Disputed questions of law or fact—com¬ 
mittee OF ARBITRATION-DECISION-PETITION FOR RE¬ 
VIEW—PHYSICIAN-DECISION OF INDUSTRIAL BOARD- 

REVIEW BY SUPREME COURT CIRCUIT COURT TO RENDER 

JUDGMENT REVIEW AFTER AWARD ADDRESS TO BE 

filed. — notice.] Any disputed question of law or fact 
shall be determined as herein provided. 

(a) It shall be the duty of the Industrial Com¬ 
mission upon notification that the parties have failed 
to reach an agreement, to designate an arbitrator: 
Provided, that if the compensation claimed is for a 
partial permanent or total permanent incapacity or 
for death, then the dispute may, at the election of 
either party, be determined by a committee of arbi¬ 
tration, which election for determination hy a com¬ 
mittee shall be made by petitioner filing with the Com¬ 
mission his election in writing with his petition or 


152 


by the other party filing with the Commission his 
election in writing within five days of notice to him 
of the filing of the petition, and thereupon it shall be 
the duty of the Industrial Commission, upon either of 
the parties having filed their election for a committee 
of arbitration as above provided, to notify both par¬ 
ties to appoint their respective representatives on the 
committee of arbitration. The Commission shall 
designate an arbitrator to act as chairman, and if 
either party fails to appoint its member on the com¬ 
mittee within seven days after notification as above 
provided, the Commission shall appoint a person to 
fill the vacancy and notify the parties to that effect. 
The party filing his election for a committee of arbi¬ 
tration shall with his election deposit with the Com¬ 
mission the sum of twenty dollars, to be paid by the 
Commission to the arbitrators selected by the parties 
as compensation for their services as arbitrators, and 
upon a failure to deposit as aforesaid, the election 
shall be void and the determination shall be by an 
arbitrator designated by the Commission. The mem¬ 
bers of the committee of arbitration appointed by 
either of the parties or one appointed by the Com¬ 
mission to fill a vacancy by reason of the failure of 
one of the parties to appoint, shall not be a member 
of the Commission or an employee thereof. 

(b) The arbitrator or committee of arbitration 
shall make such inquiries and investigations as he or 
they shall deem necessary, and may examine and in¬ 
spect all books, papers, records, places, or premises 
relating to the questions in dispute, and hear such 
proper evidence as the parties may submit. The hear¬ 
ings before the arbitrator or committee of arbitration 
shall be held in the vicinity where the injury oc¬ 
curred, after ten days’ notice of the time and place of 
such hearing shall have been given to each of the 
parties or their attorneys of record. The decision of 
the arbitrator or committee of arbitration shall be 
filed with the Industrial Commission, which Commis- 


153 


sion shall immediately send to each party or his at¬ 
torney a copy of such decision, together with a noti¬ 
fication of the time when it was filed, and unless a 
petition for a review is filed by either party within 
fifteen days after the receipt by said party of the copy 
of said decision and notification of time when filed, 
and unless such party petitioning for a review shall 
within twenty days after the receipt by him of the 
copy of said decision, file with the Commission either 
an agreed statement of the facts appearing upon the 
hearing before the arbitrator or committee of arbitra¬ 
tion, or if such party shall so elect, a correct steno¬ 
graphic report of the proceedings at such hearings, 
then the decision shall become the decision of the 
Industrial Commission and in the absence of fraud 
shall be conclusive: Provided, that such Industrial 
Commission may for sufficient cause shown grant fur¬ 
ther time, not exceeding thirty days, in which to peti¬ 
tion for such review or to file such agreed statement 
or stenographic report. Such agreed statement of facts 
or correct stenographic report, as the case may be, 
shall be authenticated by the signatures of the par¬ 
ties or their attorneys and in the event they do not 
agree as to the correctness of the stenographic report 
it shall be authenticated by the signature of the 
arbitrator designated by the Commission. 

(c) The Industrial Commission may appoint, at 
its own expense, a duly qualified, impartial physician 
to examine the injured employee and report to the 
Commission. The fee for this service shall not exceed 
five dollars and traveling expenses, but the Commis¬ 
sion may allow additional reasonable amounts in 
extraordinary cases. The fees and the payment 
thereof of all attorneys and physicians for services 
authorized by the Commission under this Act shall, 
upon request of either the employer or the employee 
or the beneficiary affected, be subject to the review 
and decision of the Industrial Commission. 

(d) If any employee shall persist in insanitary or 


154 


injurious practices which tend to either imperil or 
retard his recovery or shall refuse to submit to such 
medical or surgical treatment as is reasonably essen¬ 
tial to promote his recovery, the Commission may, in 
its discretion, reduce or suspend the compensation of 
any such injured employee. 

(e) If a petition for review and agreed state¬ 
ment of facts or stenographic report is filed, as pro¬ 
vided herein, the Industrial Commission shall 
promptly review the decision of the arbitrator or 
committee of arbitration and all questions of law or 
fact which appear from the said statement of facts 
or stenographic report, and such additional evidence 
as the parties may submit. After such hearing upon 
review, the Commission shall file in its office its 
decision thereon, and shall immediately send to each 
party or his attorney a copy of such decision and a 
notification of the time when it was tied. 

Such review and hearing may be held in its office 
or elsewhere as the Commission may deem advisable: 
Provided, that the taking of testimony on such hear¬ 
ing may be had before any member of the Commis¬ 
sion and in the event either of the parties may desire 
an argument before others of the Commission such 
argument may be had upon written demand therefor 
filed with the Commission within five days after the 
commencement of such taking of testimony, in which 
event such argument shall be had before not less than 
a majority of the Commission:: Provided, that the 
Commission shall give ten days’ notice to the parties 
or their attorneys of the time and place of such tak¬ 
ing of testimony and of such argument. 

In any case the Commission in its decision may 
in its discretion find specially upon any question or 
questions of law or fact which shall be submitted in 
writing by either party, whether ultimate or other¬ 
wise. Any party may, within twenty days after re¬ 
ceipt of notice of the Commission’s decision, or within 
such further time, not exceeding thirty days, as the 


155 


Commission may grant, file with the Commission 
either an agreed statement of the facts appearing 
upon the hearing, or, if such party shall so elect a 
correct stenographic report of the additional proceed¬ 
ings presented before the Commission, in which report 
the party may embody a correct statement of such 
other proceedings in the case as such party may de¬ 
sire to have reviewed such statement of facts or 
stenographic report to be authenticated by the signa¬ 
tures of the parties or their attorneys, and in the 
event that they do not agree, then the authentication 
of such stenographic report sh^ll be by the signature 
of any member of the Commission. The applications 
for adjustment of claim and other documents in the 
nature of pleadings filed by either party, together 
with the decisions of the arbitrator and of the Indus¬ 
trial Commission and the statement of facts or steno¬ 
graphic reports hereinbefore provided for in para¬ 
graphs (b) and (c) shall be the record of the pro¬ 
ceedings of said Commission, and shall be subject to 
review as hereinafter provided. 

(f) The decision of the Industrial Commission, 
acting within its powers, according to the provisions 
of paragraph (e) of this section shall, in the absence 
of fraud, be conclusive, unless reviewed as in this par¬ 
agraph hereinafter provided. 

(1) The Circuit Court of the county where any 
of the parties defendant may be found shall by writ 
of certiorari to the Industrial Commission have 
power to review all questions of law presented by 
such record, except such as arise in a proceeding in 
which under paragraph (b) of this section a decision 
of the arbitrator or committee of arbitration has be¬ 
come the decision of the Industrial Commission. Such 
writ shall be issued by the Clerk of such court upon 
praecipe. Service upon any member of the Industrial 
Commission or the secretary thereof shall be service 
on the Commission and service upon other parties 
interested shall be by scire facias, or service may be 


156 


made upon said Commission and other parties in in¬ 
terest by mailing notice of the commencement of the 
proceedings and the return day of the writ to the 
office of said Commission and the last known place of 
residence of the other parties in interest at least ten 
days before the return day of said writ. Such suit by 
writ of certiorari shall be commenced within twenty 
days of the receipt of notice of the decision of the 
Commission. 

The Industrial Commission shall not be required 
to certify the record of their proceedings to the Cir¬ 
cuit Court, unless the party commencing the proceed¬ 
ings for review in the Circuit Court, as above pro¬ 
vided, shall pay to the Commission the sum of five 
cents per one hundred words of testimony taken be¬ 
fore said Commission and three cents per one hun¬ 
dred words of all other matters contained in such 
record. 

(2) No such writ of certiorari shall issue unless 
the one against whom the Industrial Commission shall 
have rendered an award for the payment of money 
shall upon the filing of his praecipe for such writ file 
with the clerk of said court a bond conditioned that 
if he shall not successfully prosecute said writ, he will 
pay the said award, and the costs of the proceedings 
in said court. The amount of the bond shall be fixed 
by any member of the Industrial Commission and the 
surety or sureties on said bond shall be approved by 
the clerk of said court. 

The court may confirm or set aside the decision 
of the Industrial Commission. If the decision is set 
aside and the facts found in the proceedings before 
the Commission are sufficient, the court may enter 
such decision as is justified by law, or may remand 
the cause to the Industrial Commission for further 
proceedings, and may state the questions requiring 
further hearing, and give such other instructions as 
may be proper. 


157 


Judgments and orders of the Circuit Court under 
this Act shall be reviewed only by the Supreme Court 
upon a writ of error which the Supreme Court in its 
discretion may order to issue, if applied for not later 
than the second day of the first term of the Supreme 
Court following the rendition of the Circuit Court 
judgment or order sought to be reviewed, provided 
that if the first day of said term is less than thirty 
days from the rendition of said judgment or order, 
then application for said writ of error may be made 
not later than the second day of the second term fol¬ 
lowing the rendition of said judgment or order. 

The writ of error when issued shall operate as a 
supersedeas. 

The bond filed with the praecipe for the writ of 
certiorari as provided in this paragraph shall oper¬ 
ate as a stay of the judgment or order of the Circuit 
Court until the time shall have passed within which 
an application for a writ of error can be made, and 
until the Supreme Court has acted upon the applica¬ 
tion for a writ of error, if such application is made. 

The decision of a majority of the members of a 
committee of arbitration or of the Industrial Com¬ 
mission shall be considered the decision of such com¬ 
mittee or Commission, respectively. 

(g) Either party may present a certified copy of 
the decision of the Industrial Commission, when no 
proceedings for review thereof have been taken, or of 
the decision of such arbitrator or committee or arbi¬ 
tration w r hen no claim for review is made, or of the 
decision of the Industrial Commission after hearing 
upon review, providing for the payment of compensa¬ 
tion according to this Act, to the Circuit Court of the 
county in which such accident occurred or either of 
the parties are residents, whereupon said court shall 
render a judgment in accordance therewith; and in 
ease where the employer does not institute proceedings 
for review of the decision of the Industrial Commis¬ 
sion and refuses to pay compensation according to the 


158 


award upon which such judgment is entered, the 
court shall, in entering judgment thereon, tax as costs 
against him the reasonable costs and attorney fees in 
the arbitration proceedings and in the court entering 
the judgment, for the person in whose favor the judg¬ 
ment is entered, w 7 hich judgment and costs, taxed as 
herein provided shall, until and unless set aside, have 
the same effect as though duly rendered in an action 
duly tried and determined by said court, and shall, 
with like effect, be entered and docketed. The Circuit 
Court shall have power, at any time, upon application, 
to make any such judgment conform to any modifica¬ 
tion required by any subsequent decision of the Su¬ 
preme Court upon appeal, or as the result of any sub¬ 
sequent proceedings for review, as provided in this 
Act. 

Judgment shall not be entered until fifteen days’ 
notice of the time and place of the application for the 
entry of judgment shall be served upon the employer 
by filing such notice with the Industrial Commission, 
which Commission shall, in case it has on file the ad¬ 
dress of the employer or the name and address of its 
agent, upon whom notices may be served, immediately 
send a copy of the notice to the employer or such 
designated agent; and no judgment shall be entered 
in the event the employer shall file with the said Com¬ 
mission its bond, with good and sufficient surety in 
double the amount of the award, conditioned upon 
the payment of said award in the event the said em¬ 
ployer shall fail to prosecute with effect proceedings 
for review of the decision or the said decision, upon 
review, shall be affirmed. 

(li) An agreement or award under this Act, pro¬ 
viding for compensation in installments, may at any 
time within eighteen months after such agreement or 
award be reviewed by the Industrial Commission at 
the request of either the employer or the employee, 
on the ground that the disability of the employee has 
subsequently recurred, increased, diminished or end- 


od; and on such review, compensation payments may 
he re-established, increased, diminished or ended: 
Provided, that the Commission shall give fifteen days’ 
notice to the parties of the hearing for review: And, 
provided, further, any employee, upon any petition for 
such review being filed by the employer, shall be 
entitled to one day’s notice for each one hundred miles 
necessary to be traveled by him in attending the 
hearing of the Commission upon said petition and 
three days in addition thereto, and such employee, 
shall, at the discretion of the Commission, also be 
entitled to five cents per mile, necessarily traveled by 
him in attending such hearing not to exceed a dis¬ 
tance of 300 miles, to be taxed by the Commission as 
costs and deposited with the petition of the employer. 

(i) Each party, upon taking any proceedings or 
steps whatsoever before any arbitrator, committee 
of arbitration, Industrial Commission or court, shall 
file with the Industrial Commission his address, or 
the name and address of an agent upon whom all 
notices to be given to such party shall be served, 
either personally or by registered mail addressed to 
such party or agent at the last address so filed with 
the Industrial Commission: Provided, that in the 
event such party has not filed his address, or the 
name and address of an agent, as above provided, 
service of any notice may be had by filing such notice 
with the Industrial Commission. 

(j) Whenever in any proceeding testimony has 
been taken or a final decision has been rendered, and 
after the taking of such testimony, or after such de¬ 
cision has become final, the injured employee dies, 
then in any subsequent proceeding brought by the 
personal representative or beneficiaries of the de¬ 
ceased employee, such testimony in the former pro¬ 
ceeding may be introduced with the same force and 
effect as though the witness having so testified were 
present in person in such subsequent proceeding and 
such final decision, if any, shall be taken as a final 


160 


adjudication of any of the issues which are the same 
in both proceedings. 

(k) In any case where there has been any un¬ 
reasonable or vexatious delay of payment or inten¬ 
tional underpayment of compensation, or proceedings 
have been instituted or carried on by the one liable 
to pay the compensation, which do not present a real 
controversy, but are merely frivolous or for delay, 
then the Commission may award compensation ad¬ 
ditional to that otherwise payable under this Act 
equal to fifty percentum of the amount payable at the 
time of such award. (Amended by Act approved 
June 28, 1919.) 

§ 20. Industrial board to report to governor.] 
The Industrial Board shall report in writing to the 
Governor on the 30th day of June, annually, the de¬ 
tails and results of its administration of this Act, in 
accordance with the terms of this Act, and may pre¬ 
pare and issue such special bulletins and reports from 
time to time as in the opinion of the board seems ad¬ 
visable. 

§ 21. Award not subject to lien—lien when 
employer insolvent—death.] No payment, claim, 
award or decision under this Act shall be assignable 
or subject to any lien, attachment or garnishment, or 
be held liable in any way for any lien, debt, penalty 
or damages. A decision or award of the Industrial 
Commission against an employer for compensation 
under this Act, or a written agreement by an em¬ 
ployer to pay such compensation shall, upon the filing 
of a certified copy of the decision or said agreement, 
as the case may be, with the Recorder of Deeds of the 
County, constitute a lien upon all property of the em¬ 
ployer within said county, paramount to all other 
claims or liens, except mortgages, trust deeds, or for 
wages or taxes, and such liens may be enforced in the 
manner provided for the foreclosure of mortgages 
under the laws of this State. Any right to receive 
compensation hereunder shall be extinguished by the 


161 


death of the person or persons entitled thereto, sub¬ 
ject to the provisions of this Act relative to compensa¬ 
tion for death received in the course of employment: 
Provided, that upon the death of a beneficiary, who is 
receiving compensation provided for in section 7, leav¬ 
ing surviving a parent, sister or brother of the de¬ 
ceased employee, at the time of his death dependent 
upon him for support, who were receiving from such 
beneficiary a contribution to support, then that pro¬ 
portion of the compensation of the beneficiary which 
would have been paid but for the death of the bene¬ 
ficiary, but in no event exceeding said unpaid com¬ 
pensation, which the contribution of the beneficiary to 
the dependent’s support within one year prior to the 
death of the beneficiary bears to the compensation of 
the beneficiary within that year, shall be continued 
for the benefit of such dependents, notwithstanding 
the death of the beneficiary. (Amended by Act ap¬ 
proved June 28, 1919.) 

§ 22. Contract within seven days after injury 
presumed fraudulent.] Any contract or agreement 
made by any employer or his agent or attorney with 
any employee or any other beneficiary of any claim 
under the provisions of this Act within seven days 
after the injury shall be presumed to be fraudulent. 

§ 23. Waiver of provisions must be approved by 
industrial board.] No employee, personal represent¬ 
ative, or beneficiary shall have power to waive any of 
the provisions of this Act in regard to the amount of 
compensation which may be payable to such em¬ 
ployee, personal representative or beneficiary here¬ 
under except after approval by the Industrial Board. 

§ 24. Notice of accident.] No proceedings for 
compensation under this Act shall be maintained un¬ 
less notice of the accident has been given to. the em¬ 
ployer as soon as practicable, but not later than 30 
days after the accident. In case of mental incapacity 
of the employee, notice must be given within six 


162 


months after such accident. No defect or inaccuracy 
of such notice shall be a bar to the maintenance of 
proceedings by arbitration or otherwise by the em¬ 
ployee. unless the employer proves that he is unduly 
prejudiced in such proceedings by such defect or inac¬ 
curacy. Notice of the accident shall state the name 
and address of the employee injured, the approximate 
date and place of the accident, if known, and in 
simple language the cause thereof; which notice may 
be served personally or by registered mail, addressed 
to the employer at his last known residence or place 
of business: Provided, that the failure on the part of 
any person entitled to such compensation to give such 
notice shall not relieve the employer from his liability 
for such compensation, when the facts and circum¬ 
stances of such accident are known to such employer, 
his agent or vice principal in the enterprise. No pro¬ 
ceedings for compensation under this Act shall be 
maintained unless claim for compensation has been 
made within six months after the accident, or in the 
event that payments have been made under the pro¬ 
visions of this Act unless written claim for compensa¬ 
tion has been made within six months after such pay¬ 
ments have ceased and a receipt therefor or a state¬ 
ment of the amount of compensation paid shall have 
been filed with the Commission: Provided, that no 
employee who after the accident returns to the em¬ 
ployment of the employer in whose services he was 
injured shall be barred for failure to make such claim 
if an application for adjustment of such claim is filed 
with the Industrial Commission within eighteen 
months after he returns to such employment and the 
said Commission shall give notice to the employer of 
the filing of such application in the manner provided 
in this Act. (Amended by Act approved June 28, 
1010 .) 

§ 25. HOW EMPLOYER MAY BE RELIEVED OF LIABIL¬ 
ITY for compensation.] Any employer against whom 
liability may exist for compensation under this Act, 


163 


may, with the approval of the Industrial Board, be 
relieved therefrom by: 

(a) Depositing the commuted value of the total 
unpaid compensation for which such liability exists, . 
computed at three per centum per annum in the same 
manner as provided in section 9, with the State Treas¬ 
urer, or county treasurer in the county where the 
accident happened, or with any State or National 
bank or trust company doing business in this State, 
or in some other suitable depository approved by the 
Industrial Board: Provided, that any such depository 
to which such compensation may be paid shall pay 
the same out in installments as in this Act provided, 
unless such sum is ordered paid in, and is commuted 
to, a lump sum payment in accordance with the pro¬ 
visions of this Act. 

(b) By the purchase of an annuity, in an amount 
of compensation due or computed, under this Act 
within the limitation provided by law, in any insur¬ 
ance company granting annuities and licensed or per¬ 
mitted to do business in this State, which may be des¬ 
ignated by the employer, or the Industrial Board. 

§ 26. Provision to be made by employer electing 

TO PAY COMPENSATION — APPROVAL OF INDUSTRIAL BOARD 
- WHEN PROVISION NOT MADE OR NOT APPROVED —INSUR¬ 
ANCE liability — failure to comply.] (a) Any em¬ 
ployer who shall come within the provisions of section 
3 of this Act, and any other employer who shall elect 
to provide and pay the compensation provided for in 
this Act shall: 

(1) File with the Commission a sworn statement 
showing his financial ability to pay the compensation 
provided for in this Act, or 

(2) Furnish security, indemnity or a bond guar¬ 
anteeing the payment by the employer of the compen¬ 
sation provided for in this Act, or 

(3) Insure to a reasonable amount his liability 
to pay such compensation in some corporation or 


164 


organization authorized, licensed or permitted to do 
such insurance business in this State, or 

(4) Make some other provisions for the securing 
of the payment of compensation provided for in this 
Act, and 

(5) Upon becoming subject to this Act and 
thereafter as often as the Commission may in writing 
demand, file with the Commission in form prescribed 
by it evidence of his compliance with the provisions 
of this paragraph. 

(b) The sworn statement of financial ability, or 
security, indemnity or bond, or amount of insurance, 
or other provisions, filed, furnished, carried, or made 
by the employer, as the case may be, shall be subject 
to the approval of the Commission, upon the approval 
of which, the Commission shall send to the employer 
written notice of its approval thereof. The filing with 
the Commission of evidence of compliance with para¬ 
graph (a) of this section as therein provided shall 
constitute such compliance until ten days after writ¬ 
ten notice to the employer of the disapproval by the 
Commission. 

(c) Whenever the Industrial Commission shall 
find that any corporation, company, association, ag¬ 
gregation of individuals, or other insurer affecting 
workmen’s compensation insurance in this State shall 
be insolvent, financially unsound, or unable to fully 
meet all payments and liabilities assumed or to be 
assumed for compensation insurance in this State, or 
shall practice a policy of delay or unfairness toward 
employees in the adjustment, settlement, or payment 
of benefits due such employees, the said Industrial 
Commission may after reasonable notice and hearing 
order and direct that such corporation, company, as¬ 
sociation, aggregation of individuals, or insurer, shall 
from and after a date fixed in such order discontinue 
the writing of any such workmen’s compensation in¬ 
surance in this State. Subject to such modification of 
said order as the Commission may later make on re- 


1G5 


view of said order, as herein provided, it shall there¬ 
upon he unlawful for any such corporation, company, 
association, aggregation of individuals, or insurer to 
effect any workmen’s compensation insurance in this' 
State. Any such order made by said Industrial Com¬ 
mission shall be subject to review by the courts, as in 
the case of other orders of said Industrial Commis¬ 
sion, provided that upon said review the Circuit Court 
shall have power to review all questions of fact as 
well as of law. 

(d) The failure or neglect of an employer to com¬ 
ply with the provisions of paragraph (a) of this sec¬ 
tion shall be deemed a misdemeanor punishable by a 
fine equal to ten cents per each employee of such em¬ 
ployer, at the time of such failure or neglect, but not 
less than one dollar nor more than fifty dollars, for 
each day of such refusal or neglect until the same 
ceases. Each day of such refusal or neglect shall con¬ 
stitute a separate offense. (Amended by Act ap¬ 
proved June 28, 1919.) 

§ 27. Not affect continuance of any existing 

INSURANCE, ETC. - NOT PREVENT EMPLOYER FROM IN¬ 
SURING - EMPLOYEE MAY INSURE FOR ADDITIONAL BENE¬ 

FITS.] (a) This Act shall not affect or disturb the 
continuance of any existing insurance, mutual aid, 
benefit or relief association or department, whether 
maintained in whole or in part by the employer or 
whether maintained by the employees, the payment of 
benefits of such association or department being 
guaranteed by the employer or by some person, firm 
or corporation for him: Provided, the employer con¬ 
tributes to such association or department an amount 
not less than the full compensation herein provided, 
exclusive of the cost of the maintenance of such 
association or department and without any expense to 
the employee. This Act shall not prevent the organ¬ 
ization and maintaining under the insurance laws of 
this State of any benefit or insurance company for 
the purpose of insuring against the compensation pro- 


166 


vided for in this Act, the expense of which is main¬ 
tained by the employer. This Act shall not prevent 
the organization or maintaining under the insurance 
laws of this State of any voluntary mutual aid, 
benefit or relief association among employees for the 
payment of additional accident or sick benefits. 

(b) No existing insurance, mutual aid, benefit or 
relief association or department shall, by reason of 
anything herein contained be authorized to discontinue 
its operation without first discharging its obligations 
to any and all persons carrying insurance in the same 
or entitled to relief or benefits therein. 

(c) Any contract, oral, written or implied, of em¬ 
ployment providing for relief benefit, or insurance or 
any other device whereby the employee is required to 
pay any premium or premiums for insurance against 
the compensation provided for in this Act shall be null 
and. void, and any employer withholding from the 
wages of any employee any amount for the purpose 
of paying any such premium shall be guilty of a mis¬ 
demeanor and punishable by a fine of not less than 
ten dollars nor more than one thousand dollars, or 
imprisonment in the county jail for not more than six 
months, or both, in the discretion of the court. 

§ 28. In case of employer’s insolvency subro¬ 
gated TO HIS RIGHTS AGAINST ANY INSURANCE COM¬ 
PANY.] Iii the event the employer d,oes not pay the 
compensation for which he is liable, then an insur¬ 
ance company, association or insurer which may have 
insured such employer against such liability shall be¬ 
come primarily liable to pay to the employee, his per¬ 
sonal representative or beneficiary the compensation 
required by the provisions of this Act to be paid by 
such employer. The insurance carrier may be made 
a party to the proceedings to which the employer is a 
party and an award may be entered jointly against 
the employer and the insurance carrier. (Amended 
by Act approved June 28, 1919.) 

§ 29. Where injury caused under circumstances 


167 


CREATING A LEGAL LIABILITY IN SOME PERSON OTHER 

than the employer.] Where an injury or death for 
which compensation is payable by the employer under 
this Act, was not proximately caused by the negli¬ 
gence of the employer or his employees, and was. 
caused under circumstances creating a legal liability 
for damages in some person other than the employer 
to pay damages, such other person having also elected 
to be bound by this Act, or being bound thereby under 
section three (3) of this Act. then the right of the 
employee or personal representative to recover against 
such other person shall be subrogated to his employer 
and such employer may bring legal proceedings 
against such other person to recover the damages sus¬ 
tained in an amount not exceeding the aggregate 
amount of compensation payable under this Act, by 
reason of the injury or death of such employee. 
Where the injury or death for which compensation is 
payable under this Act, was not proximately caused 
by the negligence of the employer or his employees 
and was caused under circumstances creating a legal 
liability for damages on the part of some person other 
than the employer to pay damages, such other person 
having elected not to be bound by this Act. then legal 
proceedings may be taken against such other person 
to recover damages notwithstanding such employer’s 
payment of or liability to pay compensation under 
this Act, but in such case if the action against such 
other person is brought by the injured employee or his 
personal representative and judgment is obtained and 
paid, or settlement is made with such other person, 
either with or without suit, then from the amount 
received by such employee or personal representative 
there shall be paid to the employer the amount of 
compensation paid or to be paid by him to such em¬ 
ployee or his personal representative Provided, that 
if the injured employee or his personal representative 
shall agree to receive compensation from the employer 
or to institute proceedings to recover the same or 


168 


accept from the employer any payment on account of 
such compensation, such employer shall be subrogated 
to all the rights of such employee or personal repre¬ 
sentative and may maintain, or in case an action has 
already been instituted, may continue an action either 
in the name of the employee or personal representa¬ 
tive or in his own name against such other person for 
the recovery of damages to which but for this section 
the said employee or personal representative would 
be entitled, but such employer shall nevertheless pay 
over to the injured employee or personal representa¬ 
tive, all sums collected from such other person by 
judgment or otherwise in excess of the amount of 
such compensation paid or to be paid under this Act, 
and all costs, attorneys’ fees and reasonable expenses 
incurred by such employer in making such collection 
and enforcing such liability. (Amended by Act ap¬ 
proved June 25, 1917.) 

§ 30. Report of accident, etc., by employer to 
industrial board.] It shall be the duty of every em¬ 
ployer within the provisions of this Act to send to the 
Industrial Board in writing an immediate report of 
all accidental injuries arising out of or in the course 
of the employment and resulting in death ; it shall 
also lie the duty of every such employer to report be¬ 
tween the 15th and the 25tli of each month to the In¬ 
dustrial Board all accidental injuries for which com¬ 
pensation has been paid under this Act. which injuries 
entail a loss to the employee of more than one week's 
time, and in case the injury results in permanent dis¬ 
ability, a further report shall be made as soon as it is 
determined that such permanent disability has re¬ 
sulted or will result from such injury. All reports 
shall state the date of the injury, including the time 
of day or night, the nature of the employer’s business, 
the name, address, the age, sex, conjugal condition of 
tlie injured person, the specific occupation of the in¬ 
jured person, the direct cause of the injury and the 
nature of the accident, the character of the injury, 


1G9 


the length of disability, and, in case of death, the 
length of disability before death, the wages of the in¬ 
jured person, whether compensation has been paid to 
the injured person, or to his legal representatives or 
his heirs or next of kin, the amount of compensation 
paid, the amount paid for physicians’, surgeons, and, 
hospital bills, and by whom paid, and the amount 
paid for funeral or burial expenses, if known. The 
making of reports as provided herein shall release the 
employer covered by the provisions of this Act from 
making such reports to any other officer of the State. 

§ 31. Wito included in term “employer” — con¬ 
tracting with others to do the work.] Any one 
engaging in any business or enterprise referred to in 
sub-sections 1 and 2 of section 3 of this Act who 
undertake to do any work enumerated therein, shall 
be liable to pay compensation to his own immediate 
employees in accordance with the provisions of this 
Act, and in addition thereto if he directly or in¬ 
directly engage any contractor whether principal or 
sub-contractor to do any such work, he shall be liable 
to pay compensation to the employees of any such con¬ 
tractor or sub-contractor unless such contractor or 
sub-contractor shall have insured, in any company or 
association authorized under the laws of this State to 
insure the liability to pay compensation under this 
Act, or guaranteed his liability to pay such compensa¬ 
tion. 

In the event any such person shall pay compen¬ 
sation under this section he may recover the amount 
thereof from the contractor or sub-contractor, if any, 
and in the event the contractor shall pay compensa¬ 
tion under this section he may recover the amount 
thereof from the sub-contractor, if any. 

This section shall not apply in any case where the 
accident occurs elsewhere than on, in or about the im¬ 
mediate premises on which the principal lias con¬ 
tracted that the work shall be done. (Amended by 
Act approved June 28, 1919.) 


170 


§ 32. Right of action accruing before taking 

EFFECT OF THIS ACT-IF THIS ACT REPEALED, ETC.- 

CLAIM UNDER PREVIOUS ACT, HOW ADJUSTED.] If any Of 

the provisions of this Act providing for compensation 
for injuries to or death of employees shall be repealed 
or adjudged invalid or unconstitutional, the period 
intervening between the occurrence of any injury or 
death and such repeal or final adjudication of invalid¬ 
ity, shall not be computed as a part of the time 
limited by law for the commencement of any action 
relating to such injury or death, but the amount of 
any compensation which may have been paid for any 
such injury shall be deducted from any judgment for 
damages recovered on account of such injury. Any 
claim, disagreement or controversy existing or arising 
under “An Act to promote the general welfare of the 
people of this State, by providing compensation for 
accidental injuries or death suffered in the course of 
employment,” approved June 10, 1911, in force May 1, 
1912, shall be adjusted in accordance with the pro¬ 
visions of said Act, notwithstanding the repeal 
thereof, or may by agreement of the parties be ad¬ 
justed in accordance with the method of procedure 
provided in this Act for the adjustment of differences, 
jurisdiction to adjust such differences so submitted by 
the parties being hereby conferred upon the Industrial 
Board or committee of arbitration provided for in this 
Act. (Amended by Act approved June 25, 1917.) 

§ 33. Penalties.] Any wilful neglect, refusal or 
failure to do the things required to be done by any 
section, clause, or provision of this Act, on the part 
of the person herein required to do them, or any 
violation of any of the provisions or requirements 
hereof, or any attempt to obstruct or interfere with 
any court officer, or any other person charged with 
the duty of administering or enforcing the provisions 
of this Act, shall be deemed a misdemeanor, punish¬ 
able by a fine of not less than $10.00 nor more than 
$500.00 at the discretion of the court. 


171 


§ 33%. Name of act.] This Act may be cited as 
the Workmen’s Compensation Act. (Added by an Act 
approved June 28, 1915.) 

§ 34. Invalidity.] The invalidity of any portion 
of this Act shall in no way affect the validity of any 
other portion thereof which can be given effect with¬ 
out such invalid part. 

§ 35. Repeal.] That an Act to promote the gen¬ 
eral welfare of the State of Illinois by providing com¬ 
pensation for accidental injuries or death suffered in 
the course of employment, approved June 10, 1911, in 
force May 1, 1912, be, and the same is, hereby re¬ 
pealed. 


TABLE OF COMPENSATION. 


172 


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7 years 

and 

—weeks 

329.5296 

330.3417 

331.1534 

331.9647 

332.7755 

333.5858 

334.3957 

335.2051 

336.0140 

336.8225 

6 years 

and 

—weeks 

286.6543 

287.4908 

288.3269 

289.1625 

289.9976 

290.8322 

291.6664 

292.5001 

293.3333 

294.1660 

5 years 

and 

—weeks 

242.4928 

243.3544 

244.2155 

245.0762 

245.9364 

246.7960 

247.6552 

248.5139 

249.3721 

250.2298 

4 years 
and 

—weeks 

197.0664 

197.8939 

198.7808 

199.6673 

200.5533 

201.4387 

202.3237 

203.2082 

204.0921 

204.9756 

3 years 
and 

—weeks 

150.1554 

151.0695 

151.9831 

152.8962 

153.8087 

154.7207 

155.6323 

156.5432 

157.4537 

158.3637 

2 years 
and 

—weeks 

101.8989 

102.8405 

103.7814 

104.7219 

105.6618 

106.6012 

107.5401 

108.4784 

109.4162 

110.3534 

1 year 
and 

—weeks 

52.1947 

53.1645 

54.1337 

55.1024 

56.0705 

57.0381 

58.0051 

58.9716 

59.9375 

60.9029 

0 years 

0.9994 

1.9983 

2.9966 

3.9943 

4.9915 

5.9881 

6.8941 

7.9796 

8.9745 

9.9688 

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PRESENT VALUE TABLES—Continued. 


174 


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6jyears 

and 

—weeks 

322.1993 

323.0156 

323.8315 

324.6469 

325.4618 

326.2763 

327.0903 

327.9039 

328.7169 

to 

5 years 
and 

—weeks 

279.1041 

279.9449 

280.7852 

281.6251 

282.4645 

283.3034 

284.1419 

284.9788 

285.8173 

4 years 
and 

—weeks 

234.7160 

235.5821 

236.4476 

237.3127 

238.1773 

239.0414 

239.9049 

240.7680 

241.6307 

3 years 
and 

—weeks 

188.9964 

189.8884 

190.7799 

191.6709 

192.5714 

193.4514 

194.3409 

195.2299 

196.1184 

2 years 
and 

—weeks 

141.9051 

142.8239 

143.7421 

144.6599 

145.5771 

146.4938 

147.4100 

148.3257 

149.2408 

1 year 
and 

—weeks 

93.4011 

94.3474 

95.2933 

96.2385 

97.1833 

98.1275 

99.0711 

100.0143 

100.9569 

0 years 

43.4420 

44.4167 

45.3909 

46.3645 

47.3376 

48.3101 

49.2821 

50.2526 

51.2244 


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177 


INDEX 


General Mining Law— 

Section. Pa fp e. 

1. (a) State Mining Board.Ij) 

(b) Powers and duties of board.! l‘j 

(c) Date and term of appointment. 20 

(d) Supplies furnished by Secretary of State... 20 

(e) Frequency of meetings. 21 

(f) Rule of procedure. 21 

(g) Compensation of members—salary of chief 

clerk . 21 

2. (a) Credentials . 21 

(b) Examination for Inspectors. 22 

(c) Names certified to the Governor. 23 

(d) Examinations for mine managers. 23 

(d) Examination for mine managers. 23 

(e) Examinations for mine examiners. 24 

(f) Examinations for hoisting engineers. 24 

(g) Examination papers preserved. 25 

3. (a) Certificates issued by the Board. 25 

(b) Record to be preserved. 25 

(c) Effect of certificates. 20 

(d) Unlawful to employ other than certificated 

mine manager. 20 

(e) Unlawful to employ other than certificated 

mine examiner. 20 

(f) Unlawful to employ other than certificated 

hoisting engineer. 27 

(g) Temporary employment of uncertificated 

persons not extended. 27 

(h) Removal of inspectors. 27 

(i) Cancellation of certificates....*. 27 

4. Inspection districts. 28 

5. (a) Inspectors appointed. 

(b) County inspectors. 24 

(c) Bond. 20 

(d) Instruments . 

(e) Examination of mines. 31 

(f) Scope of examination. 22 

(g) Authority to enter. .. 32 

(h) Procedure in case of objection.33 

(i) Notices to be posted.33 




































178 


INDEX—Continued. 

General Minins Law—C ontinued. 

Section. Page. 

(j) Sealer of weights. 33 

(k) Test weights. 34 

(l) Inspector’s annual reports. 34 

(m) Reports to be published. 34 

(n) Reports by operator. 35 

6. Pay of inspectors. 35 

7. (a) Maps required.35 

(b) Surface survey. 30 

(c) Underground survey. 36 

(d) Maps for every seam. 36 

(e) Separate map for the surface. 36 

(f) The dip. 37 

(g) Copies for inspectors and recorders. 37 

(h) Annual surveys. 37 

(i) Abandoned mines. 38 

(j) Special survey. 38 

(k) Penalties for failure. 39 

8. Sinking subject to inspection. 39 

9. (a) Two places of egress. 40 

(b) Distance from main shaft. 41 

(c) Unlawful to employ more than ten men. 41 

(d) Stairways or cages. 41 

(e) Passageways to escapement. 42 

(f) Communication with adjacent mines. 42 

10. (a) Gates at landings..... 43 

(b) Lights on landings. 43 

(c) Hoisting equipment. 44 

(d) Brake on drum—flanges—rope fastenings 

—indicator. 44 

(e) Signals. 45 

(f) Gauges .46 

(g) Safety valves. 46 

(h) Inspector of boilers. 46 

(i) Ruq-around at bottom. 46 

(j) Refuge place on shaft bottom. 47 

(k) Obstructions in shaft. 47 

(l) Inspection . 47 

11. (a) Buildings on the surface. 48 

(b) Oil and other explosives. 48 

(c) Engine and Boiler house. 48 

12. (a) Top man and bottom man. 49 

(b) Speed of cages and other regulations. 49 

(c) Rights of men to come out. 49 

13. Safety Lamps. 50 













































179 


INDEX—Continued. 
General Mining Law —Concluded. 


Section. Page 

14. Ventilation. 51 

(b) Refuge places, mule roads.*.*".*.*.*.’. 55 

(b) Refuge places, mule roads. 55 

(c) Room necks as refuge places. 55 

(d) Keeping refuge places clear. 55 

(e) Gob on haulage roads. 55 

1G. Cars . 56 

17. (a) Voltage .56 

(b) Wires crossing haulage roads. 56 

18. (a) Oil standards. 56 

(b) Brands of oil. 57 

(c) Penalty . 57 

(d) Sampling and testing. 57 

19. (a) Amount of powder in mine. 58 

(b) Place and manner of keeping in the mine. . . 58 

(c) Manner of handling. 58 

(d) Quantity of powder in one charge. 59 

(e) _ Standard charger. 59 

(f) Dead holes. 59 

(g) Mixed shots. 60 

(h) Copper tools.60 

(i) Tamping . 60 

(j) Use of squibs. 60 

(k) Warning before firing. 60 

(l) Not more than one shot at a time. 60 


(m) Missed shots 


20. 

21. 

22. 

9*1 



. 61 

Certified mine examiners. 

Duty of hoisting engineer. 


. 64 
. 67 
.. 68 

94. 



.. 70 


(b) Approaching abandoned workings. . . 


. 70 
. 70 

ZO. 



. 71 


(c) Investigation by inspection. 


. 71 
. 72 

Zb. 



.. 72 

Z < • 



. 72 




. 72 




. 78 

Zo. 



. 78 

zy. 



. 75 

oU, 

91 

oJ. 

J_7(31iUl L1U11 UJL ICl Alio. 


. 76 












































180 


INDEX — Continued. 

Right of Eminent Domain — 

Section. rage. 

1. Road or railroad. 77 

2. Trespass, surveyor. 'is 

3. Surveyor, powers, penalty. 7S 

4. Examination, expenses. 78 

5. Trespass, penalty. 79 

6. Mining rights, conveyance. 79 

7. Mining rights, taxation. 79 

8. Lead mineral, record. 79 

9. Lead mineral, record, inspection. 79 

10. Lead mineral, purchaser, statement. 80 

11. Lead mineral, purchase. 80 

12. Lead mineral, purchase, penalty. 80 

Wages, Lien on Property— 


, 1. Laborer or minerss wages, lien on all property.... 81 


Miners Paid for All Coal Mined— 

1. Wages, payment.81 

2. Investigation and prosecution. 81 

3. Violation, penalty.82 

Shot Firers in Coal Mines— 

1. Shot firers furnished. S2 

2. When . S3 

3. Shot firers, notice, record.. 83 

4. Pdasting . 83 

5. Drill holes, alteration. 84 

(». Unlawful shots.'.. S4 

7. Unlawful shot, ordering. 84 

8. Violation, penalty. 84 

Fire Fighting Equipment—• 

1. Requirements . 85 

2. Water supply, hose and pipe connections, auto¬ 

matic sprinkler, water barrels, chemical fire 
extinguishers .80 

3. Drainage, water pressure. 89 


4. Underground stables, hay, bedding and feed; 
light . 


90 





























181 


INDEX—Continued. 

Fire Fighting Equipment— Concluded. 

Section. page> 

5. Telephone lines, notice of danger, rules and in¬ 

structions, fire drill. 90 

6 . Fireproof construction. 91 

7. Violation, complaints, penalties. 93 

Rescue Stations— 

1. Rescue stations, number. 95 

2. Commission, appointment, compensation. 95 

3. Station sites, cooperation. 90 

4. Plans, State architect. 90 

5. Superintendents and assistants, number, appoint¬ 

ment, instructions. 90 

0. Salaries . 97 

7. Commission, duty. 97 

8 . Superintendents, duty. 97 

9. Biennial report.98 

10. Appropriation .98 

Miners' Examining Board— 

Certificates of competency, duplicates. 99 

2. (Repealed, See Civil Administrative Code). 100 

3 and 4. (Repealed as above).100 

5. Organization, secretary, duties.100 

6 . Examinations, time and place, notice.100 

7. Fees .101 

8 . Examinations, certificates, record.101 

9. Annual report...102 

10. Violations, penalties i.102 

11. Complaints and prosecutions.103 

12. Oath, perjury. 103 

13. Removal of Commissioners.103 

14. Invalidity .103 

15. Repeal .104 

Oil and Gas Wells— 

1. Wells, distance.104 

2. Statement, map, record.104 

3. Abandoned well, plugging.105 
































182 


INDEX — Continued. 

Oil and Gas Wells — C oncluded. 

Section. Page. 

4. Affidavit of plugging.105 

5. Fresh water, casing of.106 

6. Violations, penalties..106 

7. Emergency .107 

Coal and Other Mineral Leases to be Released oe 
Record When Forfeited — 

1. Release, recording.107 

2. Mandamus, attorney’s fees.107 

Oil and Gas Leases to be Released of Record When 
Forfeited— 

1. Release, recording.10S 

2. Mandamus, attorney’s fees.109 

Regulating the Character of Permissible Explosives— 

1. Permissible explosives, specifications.109 

2. Samples .110 

3. Place of testing.110 

4. Testing samples.110 

5. Violations, prosecutions.Ill 

6. Storing explosives. Ill 

7. Magazines, construction..Ill 

8. Misstamping, etc.Ill 

9. Penalties .Ill 

Regulating the Character of Black Powder Used 
in Mines— 

1. Black powder, specifications.112 

2. Stamping . 113 

3. Unlawful sale, penalty.114 

4. Samples and tests.114 

Wash Rooms for Employes— 

1. Wash rooms, establishment.115 

2. Requirements .116 

3. Inspection .116 

4. Violation, penalty.116 

5. Second offense, etc., penalty.116 




























183 


INDEX—Continued. 

Capital Stock Ownership— 

Section. Page 

1. Capital stock, authority to own. 117 

Mining Engineering— 

1. Department of Mining Engineering. 117 

2. Courses of instruction. 118 

8. Dissemination of scientific facts.118 

4. Appropriation .US 

5. Warrants .US 

Trespass and Intimidation— 

160. Intimidation, penalty.110 

268. Trespass, penalty...119 

Information— 

1. ‘Information, duty or inspectors.119 

2. Expenses, payment.120 

Mining Investigation— 

1. Commission, appointment, powers and duties. ... 120 

2. Witnesses, subpoenas, contempt, seal.121 

8. Organization, meeting, quorum, record.122 

4. Report, recommendations, termination of com¬ 

mission .122 

5. Expenses and compensation, stenographer.123 

6. Appropriation, warrants, printing.123 

Rules and Regulations Governing Examinations .... 124 

Workmen’s Compensation— 

1. Effective as to certain employers, notice duration 

and termination of election, liability.127 

2. (Repealed by Act of June 25, 1917).129 

3. Compulsory upon extra hazardous employment. .. 129 

314 . Non-election notice, presumption, certificates.... 130 

4. Employer defined.131 

5. Employee defined.132 

6. Common law remedies.133 

7. Compesation for fatal injuries.133 

8. Compensation for non-fatal injuries.136 


























INDEX—Concluded. 
Workmen’s Compensation— Concluded. 




Section. Page. 

0. Lump-sum settlement, petition, limitation.142 

10. Compensation, computation basis.143 

11. Liability, limitation.145 

12. Physical examination...145 

13. Industrial Commission (Board).140 

14. Salaries .147 

15. Industrial Commission (Board), jurisdiction.147 

16. Rules and regulations, procedure, fees.148 

17. Blanks, records.149 

18. Disputed questions, jurisdiction.150 

19. Disputed questions, procedure, judgment, re¬ 

view .150 

20. Annual report. ....159 

21. Assignment of claim, insolvency, decease of 

claimant .159 

22. Fraudulent contracts.100 

23. Waiver .160 

24. Notice of accident or injury, claim for injury, 

limitation .100 

25. Release from liability.101 

26. Financial responsibility, security.102 

27. Insurance, relief benefit.104 

28. Subrogation, insurance companies.165 

29. Subrogation, third parties.105 

30. Accident reports.107 

31. Contractors and subcontractors, liability.168 

32. Deduction, disputed claims, jurisdiction.108 

33. Offenses, penalty.109 

33 y 2 . Short title .109 

34. Invalidity . 

35. Repeal . 169 


Tables of Compensation— 
Present values. 


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